Newsletter March 2024
This newsletter brings you the March 2024 Special Education Spotlight edition of K Altman Law newsletter.
K Altman Law Special Education Spotlight
Whether you have already met with our team of experts, or your consultation is coming soon, our Special Education Advocacy team at K Altman Law remains dedicated to supporting you and your family through your special education journey.
A manifestation determination is a meeting where parents of a student with an IEP and school staff review relevant information about the child and answer two questions:
- Was the behavior caused by, or have a direct and substantial relationship to the child’s disability?
- Was the behavior the direct result of the school’s failure to implement the child’s IEP?
If the answer is “yes” to either of the above questions, then the behavior is determined to be a manifestation of the child’s disability. Parents and school staff only have to answer “yes” to one of the above questions for the behavior to be considered a manifestation of your child’s disability.
When does a manifestation determination meeting need to be held?
A manifestation determination meeting must be held within 10 school days if a child with disability:
- Has been suspended for 10 days in a row
- Has been suspended for more than 10 total days in the same school year for similar behaviors
- The school district is considering expulsion
When should the school document suspension?
- When your child with an IEP is sent home early, it should be considered a day or partial day of suspension
- An in-school suspension should be considered a suspension if your child does not receive the special education services detailed in their IEP
- If your child receives transportation as part of their IEP and is suspended from using the bus, this is considered a day of suspension unless the school finds alternative transportation
- If you transport your child to school while suspended from the bus and the IEP includes transportation as a related service, the school should reimburse you
What happens if the team determines the behavior is a manifestation of my child’s disability?
The IEP team needs to reevaluate your child to include a Functional Behavioral Assessment (FBA) if an FBA was not completed as part of the most recent special education evaluation
If an FBA was completed as part of the most recent special education evaluation, the IEP team must either develop or review a Behavior Intervention Plan (BIP) and make necessary changes that allow your child to make educational progress
After the fifth day in a row or the 10th day of suspension in a school year, the school must continue to provide your child with educational services that allow them to make progress in both the general education curriculum and on their IEP goals. Schools may provide educational services in an alternative educational setting
Your child cannot be expelled
In most situations, your child has the right to return to their current placement after the suspension
What if I disagree with school staff about whether the behavior is a manifestation of my child’s disability?
- You can request a conciliation conference or mediation
- These are optional meetings and school staff must agree to meet with the parent
- You can request an expedited due process hearing
- If you request an expedited due process hearing, the school district is required to participate
- Parents and the school district have the right to include a lawyer and other experts to advise them in a due process hearing
- If your child has been placed in a 45-day alternative education setting for possession of a weapon or drugs or for serious bodily injury, they will continue their education in the alternative education setting until a decision can be made by an impartial hearing officer.
Contact K Altman Law if you need to speak with one of our Student Defense Advocates. We are committed to holding schools accountable for doing the right thing for students – including yours!
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