When a student, disabled or not, breaks a rule or otherwise gets into trouble at school, there are a variety of responses the school may take to deal with the situation.
If a school decides to pursue long-term suspension or expulsion and an Individual Education Program (IEP) or 504 Plan is in effect, the parents must be notified of the decision and be provided with the procedural safeguards notification on the same day. The IEP team must hold a manifestation determination review/inquiry with qualified personnel in attendance, no later than 10 school days after the decision is made by the school. Discipline proceedings cannot be started before this meeting takes place.
The manifestation review must be limited to the behavior currently under discussion. All relevant information, such as evaluations, diagnostic results, observations by parents and teachers, and the student's IEP and placement must be considered.
If the answer to ANY of the following questions is "No", the student cannot be disciplined.
1. Are the current IEP and placement appropriate and are they being implemented?
2. Can it be proven that the student's disability does not impair his/her ability to understand the impact and consequences of the behavior?
3. Can it be proven that the student's disability does not impair his/her ability to control the behavior?
Then the IEP team must take immediate steps to remedy the current deficiencies by developing an educational program (plan and placement) that includes appropriate behavioral strategies that address the student's needs, as well as any supports and services that could be beneficial.
If the answer to ALL of the questions is "Yes", the student can be disciplined in the same manner as nondisabled students. However, special education-related services must be provided to the extent necessary to allow the student progress in the general curriculum and to advance toward achieving the goals set out in the student's IEP.
If the parents disagree with the determination, they may make a written request for a hearing to challenge it. The State Department of Education must then arrange an expedited hearing and a Hearing Officer is appointed to make a decision.
The manifestation determination review/inquiry may be labeled with a variety of names, such as "manifestation review," "manifestation inquiry," "manifestation hearing," or "manifestation IEP." The law determines the purpose and procedures of the meeting, not the label applied.
Version 10/3/01