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Angela (not her real name or gender) did not have an IEP or 504 Plan; however, we were able to help the school district determine that her conduct is a manifestation of her disability.  Before her conduct, Angela's mother requested that the school district evaluate her to determine if she is eligible for special education.    After she was suspended for ten days and it looked like the school district would place her in an alternative school, we reminded the school district that it had a basis of knowledge that required it to make a manifestation determination.

First, we filed a Request for Due Process Hearing Complaint and alleged that the school district failed to timely locate, evaluate, and identify Angela's eligibility for an IEP.   

Then, the school district convened a resolution meeting and manifestation meeting.  At the resolution meeting, it agreed to evaluate to determine if Angela is eligible for an IEP.   It also agreed to perform a manifestation determination review. It has a "basis of knowledge" that required it to do so because it sought to remove her from her placement for more than ten days, and it had that basis of knowledge.   At the manifestation determination meeting, we presented a comprehensive report that helped the team determine that her disability indeed caused the conduct in question.

Now, Angela has been able to return to school and is being evaluated for eligibility for an IEP.


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