Parents challenged the manifestation determination via a due process complaint, followed by a hearing on May 4, 2015. Student returned to the educational placement designated in Student’s then current IEP and NOREP soon after the manifestation determination review, and has remained there without further incident. Student’s physical reaction to the teacher’s restraining or admonishing touch resulted in an immediate suspension from school and consideration of additional discipline, including expulsion.Īfter a manifestation determination review by Student’s IEP team, and the team’s conclusion that the conduct in question was not a manifestation of Student’s disability, the Special Education Director referred Student to the School Board for an expulsion hearing, which has not been held pending the outcome of this case. Student, who is IDEA eligible and has an IEP, was admittedly engaged in roughhousing with two friends in the hallway between classes and did not obey a teacher’s directive to stop the mock fighting conduct. This case arose from a disciplinary incident at the District high school late in the school day on March 17, 2015.
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