Rev. 6/18/13
Manifestation Determination Procedures
I. ESE students shall be brought to a T/IEP meeting for manifestation determination under the following circumstances:
A. Student commits a single breach of the Student Code of Conduct, totaling five (5) or more days of out of school suspension (OSS) within a school year.
This includes, but is not limited to:
1. Possession/use of a weapon or dangerous object
2. Possession/use/distribution of alcohol or controlled substance
3. Serious Bodily Injury
4. Willful disobedience
5. Open Defiance of Authority towards Staff
6. Violence against persons/property (bomb threats, arson, etc. or any other act or serious of acts over time, which substantially disrupts the orderly conduct of the school).
B. Student commits a series of violations of the Code of Student Conduct over a period of time. The violations may include repeated serious and/or non-serious breaches that result in OSS. This may include any of the Serious Breaches listed in 1. A. above and/or repeated Level II violations, as listed on the District Discipline Form (MIS #413).
NOTE: The principal or designee will need to provide the following in order to submit a request for a T/IEP meeting for manifestation determination as well as review documents during the meeting. The Manifestation Determination Request Form must be submitted within 48 hours of the incident and removal of the student from school. The accuracy of critical information is vital.
1. Student’s ESE eligibility (primary, as well as secondary)
2. Number of days of OSS prior to most recent serious breach
3. Student discipline history
4. Student behavior intervention plan and related supports
5. Requirement to provide Off Campus Instruction (OCI) for serious breach incidents, if stipulated in the student’s T/IEP.
II. A T/IEP meeting for the purposes of manifestation determination must be held within ten (10) days of any decision to change placement (suspension of a student with a disability constitutes a change of placement). A series of removals/suspensions constitutes a change of placement because the removals are due to disciplinary action and cumulate to more than 10 school days in a school year.
A. Principal or designee will:
1. Systematically monitor the number of out of school suspension days for students with disabilities.
2. Utilize alternatives to suspension (ATS) whenever possible. The law allows districts to exclude students from their current placement without obligation to provide FAPE only for less than 10 cumulative school days in a school year.
3. Submit the Manifestation Determination Request Form, which must include the information outlined in I. Note 1-5 above.
NOTE: Students MAY NOT be placed on OCI without prior approval from the district designee.
4. Call the district office manifestation coordinator (ext.: 42629) to request a date for the T/IEP meeting for manifestation determination if:
a) The student has committed a single serious breach; which warrants expulsion
b) A pattern of chronic discipline issues for a student are identified
5. Invite Parent/Guardian and school team members to the T/IEP meeting for manifestation determination (Invitation To Staffing and/or Educational Plan Conference MIS #762). Gather the following information for review during the T/IEP meeting for manifestation determination:
a) Initial and most recent psychological report
b) All reevaluation summaries
c) Most recent social history
d) Current T/IEP
e) Functional Behavior Assessment
f) Behavior Intervention/Management Plan
g) Previous Manifestation Determination Paperwork
III. The facilitator of the T/IEP meeting for manifestation determination will:
A. Review and provide a copy of procedural safeguards to the parent/guardian.
B. Provide a copy of all documents presented at the meeting to the parent/guardian.
C. Provide the parents with the Manifestation Determination Appeal Procedures/Appeal Request Form.
D. If the parent/guardian is not present, all documents should be mailed or delivered within 5 business days to the parent/guardian.
IV. ESE students shall be brought to an T/IEP meeting (not for manifestation determination) under the following circumstances:
A. If the student has a second serious breach of a similar nature and the first MDM resulted in the behavior not being a manifestation of the disability, the student is disciplined as a basic ed. child. If the discipline results in a change of placement, the student is entitled to ESE services. The IEP team will meet to discuss providing the services in the new environment.
B. If the student has a second serious breach of a similar nature and the first MDM resulted in the behavior being a manifestation of the disability, the IEP team will convene at the current school to determine recommendations. Members of potential receiving schools will be invited.