Thomas S. Nelson | Defending Expulsions in General and Special Education
“caused by, or had a direct and substantial relationship to, the child's disability”,. OR. “the direct result of the LEA's failure to implement the IEP” (LEA means the. (b) Did the conduct in question have a direct and substantial relationship to the child's (c) Was the conduct in question the direct result of the school's failure to . Whether or not the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or,; Whether or not the conduct in .
You have to show that the disability played some role in what happened. You have to prove both that the school violated the IEP, and that the violation caused the misbehavior.
Now that you know the ultimate point you are trying to prove, you need to recognize that to get there will require that you prove a series of smaller points along the way. These smaller points will be different in each case. The school wants to expel him. To do that you would need to prove some smaller logical points, such as: See how that works?
How To Win A Manifestation Determination Hearing
Seems simple enough, but this is a simple example. Your case might require a little more thought and analysis. Suppose the school believes that Bill did touch the braille sign before entering, and knew what he was doing all along.
They claim they have witnesses who saw him touch the sign before entering the girls bathroom. All of the sudden, the ultimate causal connection between disability and behavior you are trying to prove is in doubt because the school disagrees with one of the smaller points in the chain of logic.
You also have to be able to actually prove those points at the manifestation determination hearing if somebody disagrees with you. And the parent is often viewed as biased in favor of their child, and unable to be objective.
And often you can use those words to make your points. Similarly, written words from reputable non-school sources may also receive serious consideration. Nobody will argue with it. And they wrote the IEP themselves. Those are their own words. If a child is not yet eligible for special education, he may still assert these Manifestation Determination protections under certain circumstances.
- Special Education and Discipline
The Manifestation Determination protection applies if, before the act was committed, the parent expressed in writing her concern that her child may need special education services; the parent requested a special education assessment of her child; or a teacher or other school personnel expressed specific concerns about the pattern of behavior of the child.
In addition, always record the Manifestation Determination meeting.
Manifestation Determination Law and Legal Definition
Under California law, you should give at least 24 hour notice of your intent to record the meeting. Challenging the Manifestation Determination Hearing Sometimes, discipline decisions are made by administrators who ignore special education protections and requirements. For example, your child might be eligible for an IEP under the disability category of learning disability.
But your child might also have ADHD. If the school has clearly documented your child's ADHD, but the team never discussed your child's ADHD in relation to the disciplinary act, you may have a strong argument that the team did not consider all relevant information in making its determination. When a parent disagrees with the manifestation determination hearing, she should consider contacting an attorney who is familiar with such proceedings.
Narrative Manifestation Determination
Protecting Against an Unfavorable Manifestation Determination The best approach to defend against an unfavorable Manifestation Determination meeting is planning ahead. If your child exhibits serious behavior problems, ask the district to provide a Functional Analysis Assessment which is designed to find out the cause s of your child's behavior problems.
The district may also be required to create a Behavior Intervention Plan "BIP"designed to address problem behaviors. If your child can benefit from behavior modifications, they should be included in the IEP.
Discipline is reactive, but planning ahead is proactive! Be creative with your child's IEP. Consider helpful services such as anger management, counseling, or behavioral supports. At the very least, inform the school of your concerns and document them in the IEP.
Discipline in the General Education Setting. The Rules set out 23 acts that are grounds for expulsion. These acts are somewhat broadly defined, meaning they encompass a variety of circumstances that fall within each description.
Special Education Students Facing School Discipline | Student Advocacy Center of Michigan
In the simplest terms, there are times when the principal has full discretion the least serious offenseslimited discretion moderately serious offensesor no discretion the most serious offenses to recommend expulsion for a violation of the Rules. Discretionary Acts In discipline matters that offer either full or limited discretion, the school district must prove either one of the two following provisions before they can expel a child: Non-Discretionary Acts The most serious acts under the code have no discretion and mandate expulsion.
These offenses include such acts as the sale of drugs at school, bringing a firearm or explosives to school, brandishing a knife, or sexual assault. In these situations, the school district only needs to show that the act occurred in order to expel the student.