Manifestation Determination Reviews: Planning For And Holding The Meeting - Module 3

1. Disciplinary removals refer to:

Teacher removals

Principal's suspensions

Superintendent's suspensions

All of the above

Answer D. Superintendents’ suspensions, principals’ suspensions and teacher removals are referred to collectively as “disciplinary removals.”

Explanation

Answer D. Superintendents’ suspensions, principals’ suspensions and teacher removals are referred to collectively as “disciplinary removals.”

2. In which of these instances would the DOE not be deemed to know that the student is a student with a disability?

The parent expressed concern about the academic progress of their child in writing to DOE staff.

The parent of the student has requested an evaluation of the student.

The parent has not allowed an evaluation.

A teacher expressed a concern to the principal about a pattern of behavior the student is exhibiting.

The DOE is “deemed to know” that a student is a student with a disability under the IDEA if, prior to the conduct at issue:

• The parent expressed concern in writing to a school-based administrator, the district CSE or a teacher of the student advising that he/she thinks his/her child may have a disability (Answer A);
• The parent has requested in writing to the school principal or the district CSE an evaluation of his/her child to determine whether the student is a student with a disability (request for an initial evaluation) (Answer B); or
• A teacher of the student, or other DOE employee, has expressed concerns directly to the school principal or district CSE about a pattern of behaviors demonstrated by the student (Answer D).

The DOE is not deemed to know, and a student is not presumed to have a disability, if:
• The parent declined to consent to an evaluation, has not produced the student for an evaluation or has revoked or withdrawn consent;
• The parent refused to allow the provision of special education services; or
• The student was evaluated and determined not to be a student with a disability under the IDEA.

If a parent has not allowed for an evaluation to take place, the student would not be deemed to know. Therefore Answer C is the correct response.

Explanation

The DOE is “deemed to know” that a student is a student with a disability under the IDEA if, prior to the conduct at issue:

• The parent expressed concern in writing to a school-based administrator, the district CSE or a teacher of the student advising that he/she thinks his/her child may have a disability (Answer A);
• The parent has requested in writing to the school principal or the district CSE an evaluation of his/her child to determine whether the student is a student with a disability (request for an initial evaluation) (Answer B); or
• A teacher of the student, or other DOE employee, has expressed concerns directly to the school principal or district CSE about a pattern of behaviors demonstrated by the student (Answer D).

The DOE is not deemed to know, and a student is not presumed to have a disability, if:
• The parent declined to consent to an evaluation, has not produced the student for an evaluation or has revoked or withdrawn consent;
• The parent refused to allow the provision of special education services; or
• The student was evaluated and determined not to be a student with a disability under the IDEA.

If a parent has not allowed for an evaluation to take place, the student would not be deemed to know. Therefore Answer C is the correct response.

3. When is an MDR automatically scheduled by SOHO?

Superintendent’s Suspension

Principal’s Suspension

Teacher Removal

Answer A is correct. SOHO automatically schedules the MDR for two days after the hearing for a Superintendent’s Suspension. For a Principal’s Suspension, the school must schedule the MDR to occur within five school days of the suspension conference and for Teacher Removals, the school must schedule the MDR to occur within five school days of the date of the removal that resulted in the pattern of removals. For both Principal’s Suspensions and Teacher Removals, SOHO will notify the school of the MDR deadline.

Explanation

Answer A is correct. SOHO automatically schedules the MDR for two days after the hearing for a Superintendent’s Suspension. For a Principal’s Suspension, the school must schedule the MDR to occur within five school days of the suspension conference and for Teacher Removals, the school must schedule the MDR to occur within five school days of the date of the removal that resulted in the pattern of removals. For both Principal’s Suspensions and Teacher Removals, SOHO will notify the school of the MDR deadline.

4. When determining a non-presumptive pattern of behavior, what is NOT a factor the principal is asked to consider?

The similarity of the behaviors.

The proximity of the behaviors to one another.

The need to set an example by implementing a suspension.

The total amount of time the student has been or will be removed.

The correct answer is Answer C. When a principal is prompted to make a decision about whether a pattern of removals exists, he/she must consider the similarity of the behaviors (Answer A), the proximity of the behaviors (Answer B), and the total amount of time the student has been or will be removed (Answer D). Answer C is not a factor the principal is asked to consider because the purpose of a suspension is not to set an example.

Explanation

The correct answer is Answer C. When a principal is prompted to make a decision about whether a pattern of removals exists, he/she must consider the similarity of the behaviors (Answer A), the proximity of the behaviors (Answer B), and the total amount of time the student has been or will be removed (Answer D). Answer C is not a factor the principal is asked to consider because the purpose of a suspension is not to set an example.

5. A suspended student will always be immediately removed from his regular class until after the suspension hearing/conference and the associated MDR have taken place.

True

False

The correct answer is False. Unless a student has been removed prior to the suspension hearing or a principal’s suspension conference, the student must remain in his/her classroom setting and may not be removed until after the suspension hearing/conference and associated MDR have taken place.

Explanation

The correct answer is False. Unless a student has been removed prior to the suspension hearing or a principal’s suspension conference, the student must remain in his/her classroom setting and may not be removed until after the suspension hearing/conference and associated MDR have taken place.

6. Who is entitled to an MDR? (check all that apply)

A general education student who has been suspended for more than ten days.

A student with an IEP who is subject to a disciplinary change of placement.

Answers B and D are correct. An MDR must be conducted for any student with an IEP or 504 Plan who is subject to a disciplinary change of placement (Answer B). A disciplinary change of placement occurs if a student is suspended for more than 10 consecutive school days or for more than 10 cumulative school days in a school year and a pattern exists. In Answer D, a presumptive pattern exists because the student has three or more suspensions in a 40 day period.

If a student does not have an IEP, but the DOE is “deemed to know” that the student is a student with a disability under the IDEA, the student is entitled to the same due process protections as a student with an IEP who is subject to disciplinary removal. Therefore, Answer C is not correct because the DOE is not deemed to know that the student is a student with a disability if the student’s mother has refused to consent to an evaluation. Additionally, Answer A is incorrect because a general education student who does not fall into the “deemed to know” category is not be entitled to an MDR.

Explanation

Answers B and D are correct. An MDR must be conducted for any student with an IEP or 504 Plan who is subject to a disciplinary change of placement (Answer B). A disciplinary change of placement occurs if a student is suspended for more than 10 consecutive school days or for more than 10 cumulative school days in a school year and a pattern exists. In Answer D, a presumptive pattern exists because the student has three or more suspensions in a 40 day period.

If a student does not have an IEP, but the DOE is “deemed to know” that the student is a student with a disability under the IDEA, the student is entitled to the same due process protections as a student with an IEP who is subject to disciplinary removal. Therefore, Answer C is not correct because the DOE is not deemed to know that the student is a student with a disability if the student’s mother has refused to consent to an evaluation. Additionally, Answer A is incorrect because a general education student who does not fall into the “deemed to know” category is not be entitled to an MDR.

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7. Which of these must always occur following an MDR decision that the incident was a manifestation of the student's disability? (check all that apply)

The student must return to school immediately.

The member must submit a request for a re-evaluation or an IEP review immediately following completion of the MDR.

If no FBA has been conducted, one must be conducted immediately.

The MDR worksheet must be entered into SOHO within 24 hours of the meeting.

Answer D and Answer C are correct. Answer D is correct because regardless of the outcome of the meeting, the MDR worksheet must be entered into SOHO within 24 hours of the meeting. Answer C is correct because an FBA is required following a positive manifestation if one has not yet been conducted (and if one exists, it must be reviewed and updated if necessary). Answer A is not correct because there is a small exception to the rule that the student must return to school immediately following a positive MDR – If the incident involves drugs, weapons or serious bodily harm, the student may still be suspended for up to 45 days. Answer B is incorrect because a request for evaluation only needs to be submitted if any member of the MDR team believes that the educational or related service needs warrant a change in the student’s program or in re-evaluation of the student.

Explanation

Answer D and Answer C are correct. Answer D is correct because regardless of the outcome of the meeting, the MDR worksheet must be entered into SOHO within 24 hours of the meeting. Answer C is correct because an FBA is required following a positive manifestation if one has not yet been conducted (and if one exists, it must be reviewed and updated if necessary). Answer A is not correct because there is a small exception to the rule that the student must return to school immediately following a positive MDR – If the incident involves drugs, weapons or serious bodily harm, the student may still be suspended for up to 45 days. Answer B is incorrect because a request for evaluation only needs to be submitted if any member of the MDR team believes that the educational or related service needs warrant a change in the student’s program or in re-evaluation of the student.

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