SSPS:Manifestation Determination

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Manifestation Determination

Reasons for Manifestation

Students who receive Exceptional Student Education services or for whom the school has prior knowledge of a suspected disability (e.g., open evaluation, scheduled in-school staffing, parent request for evaluation, etc.) shall be brought to a Manifestation Determination Meeting (MDM) under the following circumstances:

1. The student is removed from school for ten consecutive days as a result of a violation of the Student Code of Conduct.

2. The student receives a cumulative total of ten days of removal during a school year. This may include out-of-school suspensions, bus suspensions for students who receive specialized transportation services, or removal for partial days due to disciplinary reasons.

3. The student is subject to a pattern of removals. To determine if the removal is part of a pattern the team should consider factors such as whether or not the student’s behavior is substantially similar to the behavior that resulted in the previous removals, the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another.

NOTE: The principal or designee will need to complete the Manifestation Determination Request Form, which must be submitted to the Office for Student Support Programs and Services within 48 hours of the incident and/or removal of the student from school. The accuracy of the information requested on this form is vital and incomplete forms will be returned to the school which may result in a delay of scheduling the MDM.

Responsibilities of the School

The principal or designee will:

1. Systematically monitor the number of OSS days, ISS days without IEP services, and bus suspensions for students who receive specialized transportation as outlined on their IEP.

2. Utilize alternatives to suspension (ATS) whenever possible. The law allows districts to remove/exclude students from their current placement without obligation to provide Free Appropriate Public Education (FAPE) for no more than 10 cumulative days in a school year.

NOTE: Students MAY NOT be placed on Off-Campus Instruction (OCI) without prior approval from the district designee. Additional information regarding OCI policies and procedures may be found on the OCI Wiki page.

3. Submit the Manifestation Determination Request Form.

4. Call the Student Support Programs and Services MDM secretary (ext.: 42626) to request a date for MDM if:

  • The student has committed a single serious breach; which, for a general education student, may have warranted a recommendation for expulsion
  • A pattern of chronic discipline issues for a student is identified
  • There are questions regarding the need for or timeline to schedule an MDM based on the Pasco County School Student Code of Conduct and Discipline Matrix
  • Student Code of Conduct & Discipline Page
NOTE: A meeting cannot be scheduled until the Manifestation Determination Request Form has been submitted to the MDM secretary.

5. Invite Parent/Guardian, student (if appropriate), and school team members to the MDM and issue the Meeting Notice. Gather the following information for review during the MDM:

a. Initial and most recent Psychoeducational Report
b. All reevaluation summaries
c. Most recent Social Developmental History
d. Current T/IEP
e. Functional Behavior Assessment
f. Behavior Intervention/Management Plan
g. Academic and Behavioral Data
h. Bus Safety Plan
i. Previous MDM documents
j. Any additional relevant documentation about the student's needs and performance.

6. Bring all required forms to the the MDM (e.g., Notice of Procedural Safeguards , Parental and Adult Student Input Form (MIS 455) , etc.).

7. Invite all relevant members to the MDM including general education and ESE teachers, student services team members if needed, potential receiving schools, etc. Evaluators should always be invited if the team anticipates discussing reevaluation needs.

Resolution Specialist’s Role

As facilitator of the MDM, the Resolution Specialist will:

1. Conduct the MDM and act as the LEA Representative for the district.

2. Work with the team to ensure all actions are in alignment with relevant federal and state law as well as district policies and procedures including the Student Code of Conduct and the Discipline Matrix. Student Code of Conduct & Discipline Page

3. Review and make available a copy of Notice of Procedural Safeguards for Parents of Students with Disabilities to the parent/guardian.

4. Provide a copy of all documents presented at the meeting to the parent/guardian.

NOTE: If the parent/guardian is not present and appropriate IEP invitation procedures have been followed the may continue continue with the meeting as schedule. The principal or designee will be responsible for mailing or delivering all documents to the parent/guardian within 5 business days.

Additional Meetings

1. If the student has a second serious breach of a similar nature and, at the first MDM, it was determined the behavior was not a manifestation of the student’s disability, he/she may be disciplined IEP as long as the school is able to continue providing FAPE to the student. The IEP team must meet to discuss any change in the provision of services. If the team is considering a change of placement, members of potential receiving schools must be invited.

2. If the student has a second serious breach of a similar nature and, at the first MDM, it was determined the behavior was a manifestation of his/her disability, the IEP team will convene at the current school to determine recommendations. If the team is considering a change of placement, members of potential receiving schools must be invited.