Facilitating a Section 504 Manifestation Determination Meeting Behavior

Facilitating a Section 504 Manifestation Determination Meeting

Behavior Intervention Plan (BIP) • A Behavior Intervention Plan (BIP) should be developed for any 504 student who is receiving continuous disciplinary referrals. • Use the Brief Functional Behavior Assessment to define and determine the functionality of the behavior which will assist in developing proper behavior interventions. • Involve teachers, school psychologist, behavior specialist with completing the BIP process. • Have teachers document student’s response to behavior intervention to see if effective. • Reference the BIP on the 504 Accommodation Plan 2

Re-evaluation: The Manifestation Determination Meeting Students with disabilities must be afforded a Manifestation Determination Hearing when any disciplinary action will potentially result in a significant change in placement, that is suspension for more than 10 days or expulsion. Conducted at school and facilitated by 504 Coordinator – not District personnel, not ESE Parent must be invited to MDM (Send home Manifestation Determination Parent Invitation as well as Parent Rights) Manifestation Determination Committee must be comprised of persons “knowledgeable” about the student. Parent should be present and given copies of: Parent/Student Rights and Dispute Resolution and Grievance Procedures Someone who could explain the disability should be present

The Manifestation Determination Meeting • The question that the group must answer is whether or not the behavior in question was a manifestation of his/her disability – caused by or (read “or” as “in other words”) had a direct and substantial relationship to his disability -- not a marginal or tangential relationship. • This is an important question because it will determine whether or not he/she can be treated in the same manner as any other nondisabled peer • Drugs and Alcohol: For a student with a disability who is currently engaged in the illegal use of drugs or alcohol, a school district may take any disciplinary measure pertaining to the use or possession of illegal drugs or use of alcohol as is taken for students without disabilities. No manifestation determination or due process procedures are required. BUT, a student IS entitled to procedural protection if it is determined that the student is NOT currently using drugs or alcohol and commits an drug and alcohol offense. • Weapons: MDM must still take place, but student can be removed for up to 45 days without regard to the direct connection between disability and behavior.

Role of the 504 MDM Facilitator • Ensures pre-meeting preparation • Reviews steps in process and desired outcomes • Facilitates movement through steps • Facilitates consensus building • Sets follow-up schedule/communication 5

Characteristics of an Effective Facilitator • • Good listener Well organized Goal oriented Skills in interpersonal problem solving Skills in reflective feedback Assertive but tactful Well respected Trusted – These characteristics will encourage open dialogue and make it easier to problem solve and reach consensus at the MDM. 6

Preparing for the 504 MDM Meeting • Reserve school location to accommodate all participants for a specific day and time (e. g. administrative conference room, professional meeting room, etc). • Send out Section 504 – Manifestation Determination Parent Invitation and Parent Rights at least two weeks prior to the MDM meeting. • Fill out student information, disability description, and summary of rule infractions /actions taken (Part I) on the Section 504 Manifestation Determination form. – May attach copy of discipline records from student data system if there are numerous infractions • Determine if recent behavior constitutes an emergency situation (i. e. requires threat assessment) • Make multiple copies of 504 Accommodation Plan, Behavior Intervention Plan, and description of exhibiting behaviors for the student’s disability (Shred copies after meeting) • Gather disciplinary referrals and other disciplinary records to bring to the conference 7

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The Manifestation Determination Meeting Agenda Introduction and Purpose: – General introductions of all participants and roles – Purpose of meeting • • “Under Section 504 of the Rehabilitation Act, students with a disability must be afforded a Manifestation Determination Hearing when any disciplinary action will potentially result in a significant change in placement, that is suspension for more than 10 days or expulsion”. The meeting is not to dispute any of the referrals or disciplinary actions since it is not an investigation however to determine if the behavior in question is a manifestation of the student’s disability – caused by or had a direct and substantial relationship to their disability. – Description of recent disciplinary behavior incident. • Verify that the student has seen the Code of Conduct in the student planner either by asking student, teacher or signed verification form – Give parents copy of Dispute Resolution and Grievance Procedures form – Ground Rules • • We stick to the agenda and format – lost of ground to cover One person speaks at a time We respect each other and each others’ opinions All questions and comments during the meeting should be directed through the 504 MDM coordinator

The Manifestation Determination Meeting Agenda (continued) – Statement and description of the documented disability • Refer to handout of exhibiting characteristics of student’s disability if provided • Ask guidance counselor or school psychologist to describe student’s disability Ask parent/guardian if there is anything they would like to add regarding the documented disability – Summary of rule infractions and actions taken • From the beginning of year, ending with the recent offense • Include all infractions including OSS, ISS, etc • An opportunity for student and parent/guardian to give their perspective – Review the current 504 plan – Answer Implementation of Plan questions 1 & 2: • Is the current plan appropriate in addressing his/her needs? – Do the accommodations make sense given the disability? • Were the accommodations properly provided and documented? 10

The Manifestation Determination Meeting Agenda (continued) – Evidence of Pattern: • Whethere is a pattern of exclusion that constitutes a change of placement (Not the issue when it is only a single event that resulted in >10 days OSS) – Answer Determination Questions (3 & 4) • Did the student’s disability impair their ability to understand the impact or consequences of their most recent behavior infraction? • Did the student’s disability impair their ability to control the behavior subject to the recent disciplinary action? – Manifestation Question: • Whether or not student’s behavior was caused by or was directly and substantially related to his disability – Discussion and recommendations: • Change of Placement (with limitations noted) • Additional Evaluation – is there evidence that we need more services? • Revision of current 504 plan – Participants sign if they agree or disagree with the decision – Building administrator signs noting approval

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