The parents challenged the manifestation determination by filing for due process. The team found the behavior was not a manifestation of the disability and the student was suspended. In addition, the supervisor of special education pre-checked “No” on the boxes that ask if the behavior was a manifestation of the disability and whether it was due to a failure to implement the IEP.Īt the manifestation determination, as described by the Court, there was a brief discussion about the fact that the student had recently had a change in ADHD medication, but no discussion on how that may have effected behavior, a cursory review of the facts of the behavior that led to discipline, limiting it to the conclusion that the student committed a violent act and a teacher was hurt, and involved a discussion of whether this type of behavior is generally a characteristic or unusual symptom of ADHD, rather than of how the disability presented in this specific student. Of note, the supervisor of special education put under the description of the behavior that the student was suspended for “assault” and “refused directive” and that a teacher “sustained injuries” with no further details about the behavior in question. In preparation for the same, the District’s supervisor of special education reviewed the student’s file and complete portions of a manifestation determination worksheet. involved a student with ADHD who was suspended for “assault” on a teacher and the refusal to follow directions, although there was significant dispute as to what the student actually did or did not do, with numerous witnesses giving differing accounts.Īfter the District proposed to suspend the student, it scheduled a manifestation determination as required under the IDEA. 14, 2016) provides a rare federal court ruling on the manifestation determination process required prior to disciplining a student with a disability and it also provides helpful reminders for school entities in carrying out this process.
The recent case of Bristol Township School District v.
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