Manifestation Determination

Thu, Apr 06, 2023 6:32PM 14:01 SUMMARY KEYWORDS child, iep, behavior, behavior intervention plan, iep team, school, student, special education, learning, suspension, functional behavioral assessment, parents, part, disability, manifestation, kiddo, essentials, talked, support, appropriate public education

00:00 In 00:10 my last solo episode we talked about behavior intervention plans and functional behavioranalysis. I love it. I've got a lot of questions so we're going to regroup and talk a little bit moredo a follow up and also add to it a manifestation and what that means for your kiddo if theyhave a behavior plan, or even if they don't. Hello, special education strategist. I am your host Wendy Taylor. I'm the mom of three and I have sat at both sides of the table. 00:43 Hello, special education strategist. I am your host Wendy Taylor. I am a mom of three I have sat at both sides of that IEP table as a parent and a professional. Also a special educator in the classroom. The world of special education can seem overwhelming and scary, even for me as a parent. And I've had that extensive special education, special education training. But I got you and my solo episodes of the special ed strategist. I am here to break down the IEP process, reduce the stress and empower you andyour kiddo. At the IEP table I have learned to improve outcomes. Be informed, be prepared and become a partner with the IEP team. If you are new to special education feel like your childshould be evaluated for special education or just a curious learner. Join me as we dive in and strategize and take your special education worries to wins. If you're not sure if your child is struggling, if they're thriving, what to do you feel hopeless. 01:50 Look at learning essentials edu.com. There is a quiz there. That's going to help you figure out the next starting point. To help your child be successful. After answering some simple questions about your kiddo. It's going to guide you towards the first step and helping your child be the best they can be.

02:12 So last solo episode, we talked about a functional behavioral assessment an FBA that is a typeof an evaluation used by the school district to determine the cause or function of a behaviorbefore developing an intervention. And FDA is generally considered as part of a problem solvingprocess for addressing challenging student behaviors. It relies upon a variety of techniques andstrategies to identify the purpose of specific behavior, and is used to inform and guide IEPteams and selecting positive behavioral intervention to address student behavior directly. So a behavior intervention plan is a plan incorporated into your student's IEP if determinednecessary by the IEP team, for your students to receive that free and appropriate publiceducation or fate. The Behavior Intervention Plan as a recap, at minimum must describe thepattern of behavior that impedes your student's learning, or the learning of others. The instruction and or environment conditions or circumstances that contribute to the pattern ofbehavior being addressed by the IEP team, a positive behavioral intervention and supports,which means that it has to reduce the pattern of behaviors that impedes your student'slearning or the learning of others, and increase the desired pro social behaviors. And the second part of that it needs to ensure that the consistency of the implementation of positivebehavior interventions across all of your students school activities, or instruction, so I alwayssay bout about and finally the skills that will be taught to your student and monitored by theschool district as alternatives to the patterns of child 04:15 alternatives to the pattern of child 04:20 as alternatives to the pattern of challenging behaviors identified. 04:28 So let's talk about when that that student has a disciplinary action. Right. So we call that a manifestation determination. So we've talked about an FTA. We've talked about a VIP, and we've talked about an IEP and an FA, P E. Cool, all the acronyms so we've talked about afunctional behavioral assessment, a behavior intervention plan, in the individualized educationprogram or plan as part of your free 05:00 and appropriate public education. But what if that behavior gets to a point where they needdisciplinary action they meaning your student, the student in your class or your child at home.So children with either mental health disorders or other disabilities may have difficultyregulating their emotion while in school, and sometimes school stuff.

05:25 Sometimes school staff may discipline a child who has an individualized education programrelated to their mental health behavior disorder, other disabilities. And this discipline mayinclude being sent home early from school, in school or out of school suspension, or otherconsequences that align with the school district's discipline policy. There are some situations in which schools are required to continue to provide educational services for children withdisabilities who are not allowed in school due to a violation of the district's discipline policy. So when this occurs, parents and school staff need to hold a meeting called a manifestationdetermination to decide next steps. So what exactly is a manifestation determination meeting?It is a meeting where parents have a student with an IEP and school staff review relevantinformation about the child and the answer to questions. Was the behavior caused by or have adirect or substantial relationship to the child's disability? Question two was the behavior thedirect result of the school's failure to implant implement the child's IEP? So if the answer is yesto either of those questions, then the behavior is determined to be a manifestation of thechild's disability. So parents and school staff only have to answer yes to one of those twoquestions for the behavior to be considered a manifestation of a child's disability. 07:05 So when does a manifestation determination meeting need to be held? It's a great questionthat I have been asked. And it must be held within 10 school days if a child has a disability. So has the has that child been suspended for 10 days in a row? Has the child then suspended formore than 10 days total. And the school same school year for a similar behavior, or the schooldistrict is considering expulsion. So let's talk about some tips for parents. When should the school document that suspension, it gets a little tricky. There have been parents that havecalled and said Wendy, the school called They said my child's in distress come pick them up butthey don't document that part. So when your child with an IEP is sent home early it chickenpiece, it should be considered a day or partial day of suspension. And in school suspensionshould be considered a suspension if your child does not receive the special education servicesdetailed on their IEP. If your child receives transportation as part of their IP, and is suspended from using the bus. This is considered a day suspension unless the school finds alternative transportation. 08:34 If you transport your child to school, while suspended from the bus, and the IEP includestransportation as a related services, the school should invert reimburse you. 08:49 Before deciding whether the behavior is a manifestation of your child's disability, I want you toreview the school needs to review the special education evaluation, the IEP, the BehaviorIntervention Plan, any disciplinary records, information from the parent about a child's disabilityand its 09 15

09:15 impact on the child's behavior and the diagnostic assessment or the neuro psychologicalevaluation. 09:24 So, as a parent I want you to think about prior 09:31 as a parent, here's some tips to prepare for that manifestation determination meeting. Before the manifestation determination meeting, prepare by looking through these documents that Ijust mentioned. Highlight statements that demonstrate how your child's health mental healthdisorder impacts their behavior and be prepared to discuss this with the school staff at thatmanifestation determination meeting. Parents may also was paired 10:00 makes me also wish to share other communications from outside providers whether that's amental health provider, a county case manager, a pediatrician, any type of children'stherapeutic services or supports. 10:15 So, a question I get also about manifestation is what happens if the team determines that mychild's behavior is a manifestation of their disability? Great question. So the IEP team needs to reevaluate your, the IEP team needs to reevaluate your child to include a functional behavioralassessment that FDA if that was not completed as part of the most recent special educationevaluation. If the FBA was completed as part of the most recent special education evaluation,the IEP team must either develop or review a behavior intervention plan and make necessarychanges that allow your child to make that educational progress. 11:01 After the fifth day in a row, or the 10th day of suspension in the school year, the school mustcontinue to provide your child with educational services that allow them to make progress inboth the general education curriculum and on their IEP goals. Schools may provide educational services and an alternative education setting if needed. 11:26 Your child cannot be expelled in most situations, your child has the right to return to theircurrent placement after the suspension.

11:36 So there are some times and circumstances where your kiddo may not be allowed to return tothe school classroom or the school. So let's talk about that school staff may place your child inan alternative educational setting for up to 45 school days, even if the behavior is amanifestation of the disability if the behavior was related to here we go possession of adangerous weapon at school or during the school event, possession use or sale of illicit drugs orcontrolled substance, serious bodily injury to others. And at the completion of the alternativeeducation placement, your child can return to the previous educational settings, not oftenthey're going to have some type of meeting to make sure that your child is ready to integrateback into their school and their learning. And you guys will discuss a plan to help make that happen. 12:40 Again, I am your host Wendy Taylor. I'm obsessed with helping families and professionalsbridge learning gaps, access special education services and create killer IEPs thank you againfor strategizing with me and spending your precious time listening. If you've loved what you'veheard, please please please share this episode with a friend text it, send them a DM whatever,and let them know that they can follow us at learning essentials. If you're looking for free tips. Come to learning essentials edu.com. You can download free tips to prepare for an IEP meetingplus bonus questions to ask if you need more special education support learning essentialsedu.com has you covered. We provide individualized and systematic approach to supportingstudents with a ver variety. 13:31 We provide an individualized and systematic approach to supporting students with variouslearning needs and differences through academic coaching, educational therapy and braincamp which is our executive function support model need IEP coaching? I've got you coveredlearning essentials. edu.com has a different as a different as additional information. Hope this makes it a great day. Bye for now.