Parental Rights – Manifestation Determination

If the child’s behavior is a manifestation of their disability (meaning that your child is behaving in the way they are because of their diagnosis and not some other factor), the school needs to conduct a functional behavioral assessment and implement a behavior intervention plan. An already existing Behavioral Intervention Plan (BIP) must be reviewed and modified.

A functional behavioral assessment means that the school will look at why your child is having difficult behaviors. Some children may “act out” because of sensory integration problems, failure to understand social cues, attempts to communicate, etc. It all depends on your individual child. So the school will assess what specific behaviors are causing problems in the classroom and why your child is behaving this way.

This information will be used to create the BIP or to alter an already existing one. You will have input into this plan, which will be reviewed fairly frequently to make sure it’s working. This is a protection to your child. The child should then be returned to the prior placement (whatever that may have been). They cannot be removed from the school

If the child’s behavior is not a manifestation of their disability, they may receive the same discipline for behavior as children without a discipline.

Special Circumstances: A child who causes serious harm to another person, has/uses/solicits the sale of drugs or carries a weapon can be removed and placed in another system or school for up to 45 days, as these are direct dangers to others, regardless of manifestation of disability.

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