Monday 27 March 2023

Manifestation Determination Meeting

Manifestation Determination Meeting





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A manifestation determination meeting is a formal process that takes place when a student with a disability faces disciplinary action that could result in a significant change in placement. This meeting is required under the Individuals with Disabilities Education Act (IDEA) and is intended to determine whether the student's behavior is related to their disability or not. If it is found that the student's behavior is a result of their disability, then the disciplinary action cannot be taken, and alternative strategies must be put in place to support the student.

The purpose of the manifestation determination meeting is to ensure that students with disabilities are not unfairly punished for behavior that is related to their disability. It is a critical process because it helps ensure that students receive appropriate educational services and support, rather than being excluded from school or subjected to inappropriate discipline.

The IDEA requires that a manifestation determination meeting be held within 10 school days of any decision to change the student's placement due to disciplinary action. The meeting must include the parents or guardians of the student, relevant members of the school staff, and individuals who have knowledge of the student's disability. The meeting must also consider all relevant information, including the student's IEP (Individualized Education Plan), any relevant evaluations or assessments, and the student's disciplinary records.

At the manifestation determination meeting, the team will review the student's behavior and determine whether it is related to their disability. The team will also consider whether the school has provided appropriate accommodations and services to support the student's behavior. If it is found that the behavior is related to the disability, then the team must develop a plan to address the behavior and ensure that the student receives the necessary supports.

If the team determines that the behavior is not related to the student's disability, then the disciplinary action can proceed. However, the student is still entitled to receive educational services, and the school must ensure that the student's IEP is being implemented as written.

It is important to note that the manifestation determination meeting is not a disciplinary hearing, nor is it a process for determining guilt or innocence. Rather, it is a process for determining whether the student's behavior is related to their disability and ensuring that appropriate services and support are in place to address the behavior.

The manifestation determination meeting is just one part of the process for addressing behavioral issues for students with disabilities. Schools must also ensure that they are following appropriate discipline procedures, including providing due process rights to students and ensuring that disciplinary actions are proportionate to the behavior.

In addition to the manifestation determination meeting, schools should have policies and procedures in place to address behavioral issues for students with disabilities. This includes providing appropriate accommodations and services to support the student's behavior and addressing the root causes of the behavior rather than just the behavior itself.

Overall, the manifestation determination meeting is a critical process for ensuring that students with disabilities receive appropriate educational services and support. It helps to ensure that students are not unfairly punished for behavior related to their disability and that appropriate strategies are in place to address the behavior. Schools must ensure that they are following the appropriate procedures and providing the necessary support to students with disabilities to ensure their success in school.

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