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Discipline
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A manifestation determination is the process of examining the behavior of an entitled student that has prompted the disciplinary action. A decision is reached by the IEP team determining whether the behavior was... |
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- caused by, or had a direct and substantial relationship to, the child's disability; or
- the direct result of the LEA's failure to implement the IEP.
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If the LEA, the parent, and relevant members of the IEP team make the determination that the conduct was a manifestation of the child's disability, the IEP team shall: |
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- Conduct a functional behavioral assessment and implement a behavioral intervention plan for such child, provided that the LEA had not conducted such assessment prior to such determination before the behavior that resulted in a change in placement.
- In the situation where a behavioral intervention plan has been developed, review the behavioral intervention plan if the child already has such a behavioral intervention plan, and modify it, as necessary, to address the behavior.
- Except as provided in…return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavior intervention plan. [20 U.S. C.§1415(k)(1)(F)]
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If the behavior was not found to be a manifestation of the disability, the district/school is still responsible for providing the educational services outlined in the IEP. |
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