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Kathleen:  My son has ADHD, ASD, DMDD, ODD, HCD and a Mood Disorder NOS. His behaviors at school have become manic at times. I have requested a one on one para and have gotten no where. He has been suspended 4 times for 3 days each. They moved his class and implemented consequence system as part of a BIP with no FBA. His ABA therapist goes there as much as possible but thats about to end. They are now trying to force me to consent to placement in a highly restrictive center that I have visited and do not like. His behaviors at school are symptoms of multiples of his diagnosis. Can they force a change in placement without a Manifestation Hearing? Can I request this hearing? What should I do??

  1. The school is required to conduct a manifestation prior to your son reaching 10 days of removal. A parent can also request a manifestation meeting. You can also request the FBA be conducted. If the school is wanting to access excess funding from the state for a residential facility placement, it would seem unlikely that the state would agree until after the school has competed an FBA.

    If they have not conducted the manifestation and he has exceeded the 10 days of removals, this is a violation of IDEA. You could file a complaint.

    They cannot force you to do the residential facilty without seeking due process. You can request mediation or due process if you disagree with any proposed IEP/placement.

  2. Kathleen –

    Does your child have an IEP? If so, then yes, the school have completed a manifestation determination once the time out of school reached 10 days. This is your child’s right.

    The MD process is more complicated than can really be described on here succinctly. This article describes the basics:

    I do strongly suggest you contact your local parent center: They should be able to walk you through the MD process, describe your/your child’s rights, and recommend next steps to take.

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