Procedures

• Age of Majority
• Bus Suspension
• Change of Placement Consideration
• Child Study Process- School Based Intervention Teams
• Disabilities
• Discipline
• Dismisal from Primary Special Education Services
• Due Process - Resolution Session
• Educational Assessment - Guidelines
• Educational Services During Suspensions
• Eligibility Committee
• Extended School Year Services
• Functional Behavior Assessment and Behavior Assessment Plans
• Homebound Instruction
• In-School Suspensions
• Long Term Suspensions and Expulsions - Not Clasified
• Long Term Suspension or Expulsion - Notification to Parents
• Manifestation Determination Review
• Maintenance of Testing Protocols
• Medicaid Procedures
• Occupational Therapy Services
• Placement of Student Outside the Regular School Setting
• Prior Written Notice - Notification of Initiation or Refusal of Change
• Procedural Safeguards
• Prohibition - Mandatory Medication
• Private School Students
• Psychological Assessment - Guidelines
• Re-Evaluation of Eligibility
• Referral for Consideration of Special Education Eligibility
• Reporting a Crime Committed by a Special Education Student
• Screening Procedures
• Social / Cultural Assessment - Guidelines
• Special Education Records: Storage and Disposal
• Service Plans
• Speech Services
• Surrogate Parents - Procedure for Appointment
• Tape Recording at Special Education Meetings
• Video Recording at Special Education Meetings

On this page:

• When a Manifestation Meeting must take place
• Timelines, Notification and Requirements
• Completing the Forms
• Participants at the Manifestation Determination Review
• Component Review
• Incident Review
• Committee Determination
• Parameters of Review
• Statement of Each Member
• Due Process Rights
• Parental Appeal

1. Manifestation Determination Review must take place if the school determines that a change of placement has occurred. (See "Guidelines for Consideration of Change of Placement")

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2. Should it be determined that a change of placement has occurred, a Manifestation Determination Review (Form 80.04 with IEP Addendum - 60.05. FORMAL IEP MEETING REQUIRED) must be conducted immediately, if possible, but no later than 10 days after the decision to take disciplinary action is made. In addition, the following procedures are required:
   
   
   • Give notice of the disciplinary decision (Form 80.06) and of the procedural safeguards to the parents not later than the date on which the decision is made to take disciplinary action.
     
     
   • Notify parent(s) in writing, immediately, if possible, but not more than 10 days after a decision to take action occurs, of Manifestation Determination Review (Form 60.01).
     
     
   • The purpose of the meeting is to determine whether there was a causal relationship between the incident for which the student was suspended and their disability.
     
     
   • Notification (Form 60.01) should include identification of time, date and participants who will be in attendance.
     
     
   • This meeting is, in essence, an IEP meeting. Parents should participate in the meetings; however, if they refuse to attend, they should be given a copy of the report.
     

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3. Complete demographic information and date of meeting (Form 80.04 in conjunction with IEP Addendum - 60.05).

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4. Participants at meeting: Using the IEP Signature page, the names of each person present shall be recorded. Albemarle County shall ensure that each meeting includes local educational agency administrator, the parent, and relevant members of the IEP Team (as determined by the parent and the local educational agency) and other individuals, at the discretion of the parent or Albemarle County.

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5. Component Review: The team must consider:
   
   
   • all relevant information in the student 's file, including:
   • the child 's IEP,
   • any teacher observations,
   • and any relevant information provided by the parents
     

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6. Incident Review: This should include the who, what, when, where, why and how of the specific incident under review.(Form 80.04 in conjunction with IEP Addendum - 60.05)

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7. Committee Determination: The committee must determine if the behavior is a manifestation of the student's disability. The team must determine, after the component and incident review that:
   

• if the conduct in question was caused by, or had a direct and substantial relationship to, the child 's disability; or
  
  
• if the conduct in question was the direct result of the local educational agency 's failure to implement the IEP.
  

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8. Parameters of the Review:

   MANIFESTATION OF THE DISABILITY
   If the local educational agency, the parent, and relevant members of the IEP Team determine that either condition above is "TRUE" for the student, the conduct shall be determined to be a manifestation of the child's disability and the student cannot be disciplined like his/her non-disabled peers.

   As a result of the IEP Team's determination of A MANIFESTATION OF THE DISABILITY:
   
   
   • Schedule a formal IEP Team Meeting to conduct a Functional Behavioral Assessment and Behavioral Intervention Plan using Form 60.01.

   
   NOTE: If the team is in agreement to conduct the FBA and BIP after the Manifestation Determination Meeting, complete 60.01 and provide a copy to the parent prior to the IEP meeting to conduct the FBA / BIP. Place a copy of the notice (Form 60.01) in the student's educational record.

   • Implement a Functional Behavioral Assessment (Form 80.01)
     
     
   • Implement a Behavior Intervention Plan (Form 80.02)
     
     
   • If a Behavior Intervention Plan exists, review it to make sure it addresses the behavior adequately
     
     
   • If the IEP Team and other qualified personnel determine deficiencies in the student's IEP or placement, Albemarle County Schools will take immediate steps to remedy those deficiencies through the IEP Process.

   
   NOT A MANIFESTATION OF THE STUDENT'S DISABILITY
   If the IEP team and other qualified personnel determine that both conditions are "FALSE", the behavior is NOT A MANIFESTATION OF THE STUDENT'S DISABILITY.

   As a result of the IEP Team's determination that the behavior is NOT A MANIFESTATION OF THE STUDENT'S DISABILITY:
   
   
   • The relevant disciplinary procedures applicable to a student without a disability may be applied to the student with a disability in the same manner and for the same duration in which the procedures would be applied to a student without a disability.
     
     
   • An IEP Addendum shall be completed to ensure that any student with a disability who receives special education services and who is removed from their current placement shall continue to receive educational services, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child 's IEP.
     
     
   • If the school initiates disciplinary procedures, providing rights that are applicable to all students, the Albemarle County School shall ensure that the special education and disciplinary records of the student with a disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action.

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9. Statement of each Committee Member: Members of the Manifestation Determination Hearing should sign their names and indicate their agreement or disagreement with the recommendations on Form 80.04.

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10. In order for the parent's to appeal the Manifestation Determination, a due process hearing request must be made. Prior Written Notice (Form 60.07) must be completed if parent is in disagreement. Please consult your Special Education Coordinator immediately, for assistance in completing this form. Form 60.07 is not required to be completed at the meeting.

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11. Parents may appeal to the Superintendent the disciplinary action that was taken by using the regular disciplinary procedures as outlined in the policy manual.

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