Md. Code Regs. 13A.08.03.08 - Manifestation Determination
A. The
IEP team shall meet to determine whether a student's behavior that resulted in
a disciplinary removal is a manifestation of the student's disability each time
the student is subject to a removal:
(1) As
set forth in Regulation .03B of this chapter;
(2) That constitutes a change of placement in
accordance with Regulation .05 of this chapter; or
(3) To an interim alternative educational
setting in accordance with Regulation .06 of this chapter.
B. The IEP team shall meet within 10 school
days of the date when school personnel take disciplinary action for the removal
of a student with a disability as set forth in §A of this regulation to
determine:
(1) Whether the student's behavior
that resulted in disciplinary removal is a manifestation of the student's
disability; and
(2) The services to
be provided during the removal in accordance with Regulation .06C of this
chapter to ensure the provision of FAPE.
C. In determining whether the student's
behavior was a manifestation of the student's disability, the IEP team shall
review:
(1) All relevant information in the
student's file;
(2) Any teacher
observations;
(3) Any relevant
information supplied by the parents; and
(4) The student's IEP.
D. To determine that the behavior subject to
the disciplinary action is a manifestation of the student's disability, the IEP
team and other qualified personnel must make the determination that the
student's behavior 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.
E. If the IEP team determines the student's
conduct was the direct result of the public agency's failure to implement the
student's IEP, the public agency shall take immediate steps to remedy those
deficiencies in accordance with
34 CFR §
300.530(e)(3).
F. If any of the determinations set forth in
§D of this regulation are made, the IEP team shall consider the behavior a
manifestation of the student's disability.
G. If the IEP team determines that the
student's behavior is a manifestation of the student's disability, the IEP team
shall, as appropriate:
(1) Conduct a
functional behavioral assessment and implement a behavioral intervention plan
if the public agency had not conducted such assessments prior to a disciplinary
removal in accordance with Regulation .03B or .05 of this chapter;
(2) Review the student's behavioral
intervention plan and modify it, if necessary, to address the behavior;
and
(3) Return the student to the
student's placement from which the student was removed unless the parent and
the public agency agree to a change of placement as part of a modification of
the student's behavioral intervention plan.
H. If the IEP team determines that the
behavior is not a manifestation of the student's disability:
(1) The student may be disciplined in the
same manner as students without disabilities, including a period of suspension
or expulsion, as set forth in COMAR 13A.08.01.11C; and
(2) The IEP team shall determine the extent
to which services are necessary during the period of suspension or expulsion to
enable the student to appropriately:
(a)
Progress in the general curriculum; and
(b) Advance toward achieving the goals of the
student's IEP.
I. On initiation of disciplinary actions as
set forth in §H of this regulation, the principal shall transmit the
student's special education and disciplinary records to the local school
superintendent.
Notes
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