Pattern Determination and Manifestation Determination Review Buffalo Public
Pattern Determination and Manifestation Determination Review Buffalo Public Schools Special Education Policies and Procedures Superintendent’s Conference Day May 7, 2014
Pattern Determination When is Pattern Determination Required? Pattern Determination is required for a student with a disability (IEP), 504 accommodation plan, or a student with a presumed disability (the District is deemed to have knowledge that the student was a student with a disability before such behavior occurred; i. e. , referred to CSE or 504 Committee), before (preferable) or when the student is projected to reach a total of 10 cumulative days of suspension/removal. Determining Whether a Pattern Exists: Is the behavior that resulted in the current suspension/removal substantially similar to the Student’s behavior in the previous incidents that resulted in suspensions/removals? Consider all possible factors, including, but not limited to, behavior type, consequence type, location, day of week, time of day, individuals present, staff present, triggering event, and class setting.
What Constitutes a Removal or Suspension? • Partial school days or half school days count as school days. • An in-school suspension would not constitute a removal as long as "the student is afforded the opportunity to continue to appropriately progress in the general curriculum, continue to receive the services specified on his or her IEP and continue to participate with nondisabled children to the extent they would have in their current placement. " • Bus suspension would constitute a removal if transportation is a part of the student's IEP unless the school district provides transportation by some other means.
Roles and Responsibilities: Tracking Suspension Data and Determining Need for Pattern Determination • Chairperson: To ensure compliance, establish a process/procedure with the Psychologist to track suspension data of student’s with a disability (IEP; 504) or presumed disability (i. e. , referral pending). • Chairperson: enters Pattern Determination in the “Follow-Up to do Tasks” and notifies Psychologist of need to conduct Pattern Determination; provides Psychologist with suspension data & Pattern Determination Form • Psychologist: Conducts Pattern Determination; reports determination to the Chairperson; notifies the Chairperson of the need to schedule a Manifestation Determination Review (MDR), as applicable.
Pattern Determination 10 Cumulative Days or Less Pattern Doesn’t Exist Pattern Exists • No Further CSE Action • Enter Results of Pattern Required Determination in IEPDirect Follow Up to Do Tasks • Enter Results in IEPDirect Follow Up To Do Tasks • Maintain completed Pattern Determination Form in • Maintain completed Pattern student file Determination documents in Student File • Proceed to Manifestation Determination Review (MDR)
Disciplinary Change in Placement A suspension or removal from a student’s current educational placement that is either: 1. For more than 10 consecutive school days; or 2. Series of suspensions or removals that total more than ten nonconsecutive school days if such suspension or removals constitute a pattern.
When Is a Manifestation Determination Review Required to be Conducted? • When a decision is made to impose a suspension that constitutes a disciplinary change in placement (pattern) Note: Per District Policy, pattern determination is conducted before or when the student is projected to reach a total of 10 cumulative days of suspension/removal. If/when the student is subject to suspension or removal of more than 10 days subsequent to the initial pattern determination, pattern is assumed.
Suspension or Removals of More Than 10 Cumulative Days in a School Year (District Policy) When a long term suspension occurs or there are more than 10 cumulative days of short-term suspensions, a pattern is assumed to exist, (indicating suspension or removal would result in a disciplinary change in placement), and Manifestation Determination Review (MDR) is required.
Points to Consider • A student with disabilities may not be removed if the imposition of the 5 school day or 10 school day suspension or removal would result in a disciplinary change in placement based on a pattern of suspensions, except where the manifestation team determined that the behavior was not a manifestation or the behavior involved serious bodily injury, weapons, illegal drugs or controlled substances. • School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a student with a disability who violates the districts code of conduct. It is suggested that SST members confer with the building administrator prior to a decision to suspend a student with disabilities to determine possible/appropriate alternatives to suspension to address the behavior.
Manifestation Determination Review (MDR) Timeline • The Manifestation Determination Meeting must be held immediately (if possible), but in no case later than 10 days after the decision to impose a suspension that constitutes a disciplinary change in placement (pattern) • To ensure compliance with timelines/due process, the scheduling of the MDR meeting should be expedited; particularly if the suspension or removal will result in 10 or more cumulative days with a disciplinary change in placement (pattern).
Parent Notification • The parent must receive written notification prior to any manifestation team meeting to inform them of: -the purpose of the meeting -the names of the individuals expected to be in attendance -their right to have relevant members of the CSE participate at their request
Manifestation Determination Review Team • must minimally include: -the Student’s parent/guardian -a District representative (School Psychologist) knowledgeable about the Student and the interpretation information about child behavior -all other relevant members of the CSE as determined by the Parent and the District (General Education and Special Education Teacher)
Documents to Review for Manifestation Determination • The following information/documentation is reviewed & discussed as part of the Manifestation Determination Review process (please ensure that required documentation is available for review/discussion during the meeting): – IEP – FBA/BIP (if applicable) – Most Recent Psychological – Suspension Information; record of ODR’s; reason(s) for suspension(s) – Other Relevant Information/Observations/Records – Information Provided by the Parent – Information provided by the Student
Manifestation Determination Factors • The conduct must be determined to be a manifestation of the student’s disability if the manifestation team determines that: -the conduct in question was caused by or had a direct and substantial relationship to the student’s disability; or - the conduct in question was the direct result of the school district’s failure to implement the IEP* *Note: If the manifestation team determines the conduct in question was the direct result of the school district’s failure to implement the IEP, immediate steps to remedy those deficiencies must be taken.
Manifestation Exists • Proceed to a CSE Amendment Meeting to record any required changes/updates to the IEP, and/or document revisions to the BIP. • The student returns to his/her educational placement at the time of the suspension/removal. • Ensure 408 Implementation of the revised IEP. • Provide notification of MDR/CSE results and recommendations to the building administrator. • If the student does not have a BIP, begin the process for expedited reevaluation to conduct an FBA.
Manifestation Does Not Exist • No further CSE action is required if suspension is 10 or less consecutive days or 10 or more cumulative days in which the disciplinary action does not constitute a disciplinary change of placement (pattern). Proceed with disciplining the student in a manner similar to his/her non-disabled peers. • Complete and attach the Outcome Sheet to the completed MDR Worksheet. Process a copy of the Outcome Sheet with the MDR Outcome Letter to the parent and building administrator; retain a copy in the student’s file. • During suspensions or removals for periods of 10 or more cumulative days which constitutes a disciplinary change in placement (pattern), the CSE must meet to determine services to be provided during the suspension period.
Interim Alternative Educational Setting • The school must provide alternative instruction to a student with a disability who has been suspended for less than 10 days in a school year if the student is of compulsory school age. • Alternative instruction must be provided for a minimum of 1 hour daily for elementary students and two hours daily for a secondary student. • Suspension of 10 or less consecutive days or 10 or more cumulative days without a disciplinary change in placement (pattern), school personnel in consultation with one of the student’s teachers determines services to be provided to the student. • Suspensions of 11 or more consecutive or 10 or more cumulative days with a disciplinary change in placement (pattern), the CSE determines services to be provided to the student.
Free and Appropriate Public Education (FAPE) • If the disciplinary action results in removal for 10 or more cumulative days which constitutes a disciplinary change in placement (pattern), the CSE must meet to determine FAPE. The CSE must determine IAES (Interim Alternative Educational Setting) and the special education services, (including related services, as applicable/appropriate) necessary to enable the student to continue to participate in the general curriculum and progress in meeting the goals of the IEP. • The CSE must review all of the recommendations of a student’s IEP and determine which services must continue, and what alternative services must be provided to ensure the student appropriately progresses toward his or her IEP goals. The special education programs and services may be different during the suspension or removal. However, all other components of the IEP (i. e. , goals, positive behavioral supports, test accommodations, etc. ) must be implemented.
CSE Actions Following MDR Manifestation Exists Manifestation Does Not Exist • CSE Amendment Meeting to record any required changes/updates to the IEP, and/or document revisions to the BIP. • Request Consent for Reevaluation to conduct FBA if: -the student does not have a BIP -the behavior resulting in the disciplinary action is unrelated or different from the behavior addressed by the current FBA/BIP If 10 or more cumulative days of suspension that constitutes a disciplinary change in placement (pattern): • CSE Amendment Meeting to determine IAES (Interim Alternative Educational Setting) and the special education services, (including related services, as applicable/appropriate) necessary to enable the student to continue to participate in the general curriculum and progress in meeting the goals of the IEP.
Roles and Responsibilities Manifestation Determination Review(MDR) Chairperson Responsibilities: • notify Psychologist of the need for MDR, and schedule the meeting in IEPDirect • facilitate parent notification of the MDR (and Amendment Meeting following the MDR), including provision of a copy of the invitation letter and Procedural Safeguards • notify building administrator of meeting date & time; facilitates ensuring sub coverage for teachers, as applicable • notify relevant CSE members of the meeting date and time to ensure their attendance/participation, including those requested by the parent to be present • prepare/gather relevant information to be reviewed at the MDR, and print MDR Worksheet; provide all information/documents to the Psychologist • Manage/Facilitate/Chair subsequent CSE actions, as applicable (i. e. , Amendment following MDR; Request for Reevaluation to conduct FBA, etc. ).
Roles and Responsibilities Manifestation Determination Review (MDR) Psychologist Responsibilities: • Chair MDR Meeting; Facilitate the Manifestation Team meeting to determine whether Manifestation Exists or Does Not Exist • Complete MDR Worksheet and MDR Outcome Sheet • Provide determination documentation to the Chair for processing to parent, notification to building administrator, etc. • Notify the Chairperson of the need for further CSE action (i. e. , Amendment following MDR; Request for Reevaluation to conduct FBA, etc. ), as applicable • Participate in subsequent CSE processes (i. e. , revising of BIP; complete FBA; develop BIP, etc. )
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