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Dawn:  If a student has been suspended 10 days, has had a manifestation meeting, and the behaviors were determined to be a manifestation of his disability, does he need to have an additional manifestation meeting each time he is suspended after that first meeting. A FBA and BIP have been completed. I believe that the number starts back at zero for the next manifestation meeting, but was recently told that after the initial 10 days, a manifestation meeting was necessary for each additional suspension. Which is correct?
Also, can the student be suspended for additional days, after the manifestation meeting and prior to the FBA and BIP being completed?

  1. My child has been suspended three different times and now they total 10 days. Will he need to have a manifestation meeting. His behavior does not constitute a pattern but he has been out 10 days now.

    • My understanding is that, yes, the manifestation meeting will still need to happen. At this time, the meeting is simply a meeting. The rest of the team may agree with you there is no pattern. But pattern or no pattern, your son’s behavior will be examined to see if the behaviors leading to the suspensions stem from his disability or not–it’s less about a specific pattern and more about determining cause and appropriate follow-up. Does he deserve the suspensions as is? Does it mean a change in services or placement? Does it mean a new behavior plan?

  2. So much stress going to this meeting.
    If I withdrew my son from school. Does the school still have to give me my manifestation hearing if i disagree with the decision of emergency removal?

  3. After the 1st manifestation meeting, another must be held every time they propose to use the disciplinary options, & they must determine how special ed services will continue to be provided.

    • I had an MDR for my daughter last week in which it was determined behaviors were a manifestation of disability, but before we were able to meet to update the FBA, the school suspended her again for five days.

      Does the subsequent MDR need to take place before they execute the suspension? And shouldn’t they be required to execute the IEP/FBA updates resulting from the first MDR before they can suspend her again?

      • If the special ed director is not involved you need to get them involved. You may need to make a complaint to the state education agency.

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