Manifestation Determination: SURROGATE REP NEEDS ADVICE BEFORE MANIFESTATION DETERMINATION

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Ann: Is a student protected from disabilities not on an IEP, but are currently under assessment? Background: New student to me late last school year, absent much paperwork. Many placements in foster care throughout State. IEP states SLD, but history suggests EBD is also applicable. During transitional IEP meeting, consent for re-eval (social- emotional) given along with recommendations for behavioral monitoring/support at his new school. Recommendations not followed. Last week, student was verbally disruptive in class, would not exit with AP, SRO called. Student arrested (no violence). Now school wants to change placement.

  1. Ann –

    With regard to IDEA, a student’s disability category is not a hard and fast thing. When evaluating a student the school must ensure that the evaluation is comprehensive enough to identify all of the student’s needs, regardless of their linkage to the student’s disability category. And when creating the IEP, the services and supports it describes should be based on the results of that evaluation and not on the student’s assigned disability category.

    As you know, an IDEA-eligible student has certain protections regarding removal. Those protections should apply equally to an IDEA-eligible student even if the behavior that he or she exhibited is not commonly linked to the disability category.

  2. This school is playing with fire.They didn’t follow the recommendations, the student acted out, and they arrested the student. Sounds to me as though just about any other placement would be better, but I’m jumping to conclusions.

    They let this kid down. Has there been an FBA with a resulting BIP? A BIP cannot be ignored. It’s too bad for them they didn’t save themselves a lot of extra cost and grief by following the original discipline agreement.

    At this point, they need to go the extra mile. In California, foster kids come with access to a lawyer. Call for an IEP and bring the lawyer if available. Arresting a disabled foster child is a big deal and should only have happened if a weapon was involved. They were out of line.

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