A manifestation determination IEP meeting can be intimidating because it means your child’s IEP has been suspended for 10 days. Many schools schedule this meeting after your child has only been suspended for 8 or 9 days. While a manifestation determination meeting can be intimidating, they are not uncommon. Let’s walk through what the meeting may look like and some of the potential outcomes.
There are two main purposes of a manifestation determination IEP meeting. The first is to determine if the behavior or actions that have led to the suspensions are a manifestation of—or are caused by—your child’s disability. The second is to determine whether these behaviors or actions occurred due to the school’s failure to implement the IEP. It is important to know that while your IEP team will conduct a report and look at all of the information gathered, their recommendation or determination is not legally binding. Similarly to every other IEP decision that involves your child, your input and opinions matter regardless of whether they align with those of the school district.
A manifestation determination meeting typically begins with a basic explanation of why the team is meeting. Prior to the meeting, you should receive a copy of your procedural safeguards with your Notice of Meeting. After the IEP team reviews the information for your child’s previous suspension(s) and explains the information they used to make a recommendation on whether or not the behaviors that caused the suspensions were a manifestation of your child’s disability. In addition to suspension information, the school may also use interviews with your child, a review of your child’s most recent eligibility report and assessments, and a review of any current IEPs, Behavior Plans and Functional Behavior Assessments. After reviewing all of this information with the IEP team, the school will make a recommendation about whether or not the suspensions were a manifestation caused by your child’s disability.
Your child’s behavior in school and their quality of education should improve as a result of a manifestation determination meeting. If they do not, something has gone wrong.
The school must also determine if the behaviors occurred due to a lack of IEP implementation. This could come from: not following the listed accommodations, not delivering services, not observing the behavior plan, or not providing any or all of these with consistency and fidelity. If you have information or questions about the school following everything on your child’s IEP (or not), this is an important time to discuss your concerns and/or show any applicable documents related to IEP implementation.
Regardless of your school’s recommendations, there are a few potential outcomes. One very common outcome is the development of a new behavior plan. When this plan is implemented, it should better support your child’s needs. If there is not a recent functional behavior assessment, your school may conduct one. There are also typically updates made to your child’s IEP accommodations and services to support their success and ability to be successful in school. Sometimes the manifestation determination IEP Meeting will result in a recommendation for a new placement for your child, be it in a new program or a new school. On occasion, a manifestation determination meeting can lead to a recommendation for your child’s expulsion.
If your child with special needs has been suspended and you’re facing a manifestation determination meeting, don’t go in alone. Call an advocate from Aspire Advocacy today.
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