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On the weekend, Harry (not his real name) was involuntarily held in a medical facility because he had a mental health crisis.  During a phone call (and while at his home), Harry told an acquaintance that he wanted to harm others.    Law enforcement took him to a mental health facility that confined him so that he could undergo a mental health examination.   Afterwards, law enforcement notified the school district of the threat, and the school district suspended Harry and sought to assign him to an alternative school for more than one year.

First, we went to a Manifestation Determination Meeting.   We used a report that we developed that reviewed relevant information related to Harry's history as a student with an IEP.  We helped the parent obtain important information from his physician.  We presented this information at the Manifestation Determination Meeting; however, school officials refused to adequately consider the information that we presented and determined that Harry's conduct was not a manifestation of disability.

Then, we helped the parents file a Request for Due Process Hearing complaint against the school district.   We represented Harry and his parents in the due process hearing proceeding.    At the hearing we presented evidence that the school district had failed to adequately consider whether Harry's conduct was a manifestation of his disability and that it indeed was.  The Administrative Law Judge found that Harry's behavior was a manifestation of his disability, ordered him return to his regular non-alternative school, and that a functional behavior assessment be performed.

Here is a copy of the final order for Harry's case.


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