511 IAC 7-44-5 - Manifestation determinations
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 5.
(a) Within
ten (10) instructional days of any decision to change the placement of a
student with a disability for violating a code of student conduct, the CCC must
meet to determine whether the student's behavior is a manifestation of the
student's disability.
(b) All
relevant information in the student's file must be reviewed, including the
student's IEP, any teacher observations, and any relevant information provided
by the parent, to determine if the conduct in question was:
(1) caused by, or had a direct and
substantial relationship to, the student's disability; or
(2) the direct result of the public agency's
failure to implement the student's IEP.
(c) The conduct must be determined to be a
manifestation of the student's disability if the CCC determines that either of
the conditions in subsection (b)(1) or (b)(2) were met.
(d) If the conduct was the direct result of
the public agency's failure to implement the IEP, the public agency must take
immediate steps to remedy those deficiencies.
(e) If the CCC determines that the conduct
was a manifestation of the student's disability, the student's CCC must:
(1) either:
(A) conduct a functional behavioral
assessment, unless the public agency had conducted a functional behavioral
assessment before the behavior that resulted in the change of placement
occurred, and implement a behavioral intervention plan for the student;
or
(B) if a behavioral intervention
plan already has been developed, review the behavioral intervention plan and
modify it, as necessary, to address the behavior; and
(2) except as provided in section 6 of this
rule, return the student to the placement from which the student was removed,
unless the parent and the public agency agree to a change of placement as part
of the modification of the behavioral intervention plan.
(f) If the CCC determines that the conduct is
not a manifestation of the student's disability, school personnel may apply the
relevant disciplinary procedures to the student in the same manner and for the
same duration as those procedures would be applied to students without
disabilities. However, the student must, during any removal that is ordered,
continue to receive appropriate services. The student's CCC must determine
appropriate services needed to enable the student to do the following:
(1) Continue to participate in the general
education curriculum, although in another setting.
(2) Progress toward meeting the goals set out
in the student's IEP.
(3) Receive,
as appropriate, a functional behavioral assessment and behavioral intervention
services and modifications that are designed to address the behavior violation
so that it does not recur.
(g) Services required by subsection (f) may
be provided in an interim alternative education setting. The student's CCC
determines the interim alternative education setting for services.
(h) The parent of a student with a disability
who disagrees that the student's conduct was not a manifestation of the
student's disability may request the following:
(1) Mediation in accordance with
511 IAC 7-45-2.
(3) Simultaneously, mediation and a due
process hearing.
(i)
Upon a parent's request for a due process hearing, the department of education
shall arrange for an expedited hearing under
511 IAC 7-45-10.
(j) In reviewing a decision with respect to
the manifestation determination, an independent hearing officer may return the
student with a disability to the placement from which the student was removed
if the hearing officer determines that the student's conduct was a
manifestation of the student's disability.
Notes
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