10 Day Discipline Removal - Manifestation Determination - FBA

When Student engages in behavior/s that result in removal from school (consecutive or pattern/cumulative), the IEP/504 team must determine temporary placement/access to FAPE and create an 11th day plan by day 7 of removal.  Team holds a manifestation determination meeting and develops 11th day plan within 10 days of the incident. Parents are offered the Procedural Safeguards during all manifestation determination meetings.

Building administrator collaborates with building case manager to gather information, file, DCA, IEP, teacher, parent(s) and other professionals to bring to the manifestation determination meeting.  Behavior Support Plan is reviewed and revised.  If no FBA/BSP is in place a consent for evaluation to begin this process is completed.

• IEP team must meet within 10 days of the discipline decision which led to the suspension to determine:

  • If the conduct in question was caused by or had direct and substantial relationship to the disability

  • If the conduct in question was the direct result of the district's failure to implement IEP

IF the team determines that behavior is a Manifest of the disability:

1. Return the student to the original placement unless: 

   • Parent and District agree to change placement 

   • District moves the student due to drugs, weapons, or serious injury (45-day interim alternative educational setting-IAES)   

   • District obtains judge/court order for change

2. Check the box on the considerations page for Behavior (A) , and amend the IEP to reflect the student's behavior.

3. Give the Parents a copy of the Procedural Safeguards

4. Conduct a FBP/BSP (with written consent for evaluation) and design/implement behavior interventions or

5. Review or Revise existing FBA/BSP

6. If the behavior is different, a new consent for evaluation is needed. If the behavior is the same, revise the BSP and IEP.

If the team determines that the conduct was not a manifestation of the disability and there is not a pattern of behavior, it is expected that the IEP team consider the need to conduct an FBA. The team should include in their consideration both low-level behavior and factors presented by team members including the parent.

• If a student is removed for more than ten school days, the IEP team must conduct a functional behavioral assessment, behavioral intervention plan and modifications that are designed to address the behavior violation so that it does not recur.

Team Actions:

• Offer Procedural Safeguards for every Discipline Incident (Document in meeting minutes)

• Send Meeting Notice for Manifestation Determination

• Hold Manifestation Meeting - (use the manifestation determination document in Orsped)

• Document all decisions on meeting minutes and on MD document in Orsped

• Create an 11th-day Plan (After the 7th day of Suspension)

• Distribute Paperwork (Parent, School Admin, AC205)