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1342.12 Companion
July 12, 2017
Page 113
If there is
no pattern
identified, the current removal does not constitute a change of placement.
Therefore, removal for 10 days or less is permitted without the need to conduct a Manifestation
Determination Review. The CSC must:
1)
Complete CSC minutes documenting the reasons for its pattern decision, including the
factors required to be considered (above);
2)
Determine the extent to which services are needed to continue participation in the general
education curriculum and to progress towards meeting the goals on the IEP, although in
another setting and ensure those services are provided.
If there
is a pattern
identified, the current removal constitutes a change in the student’s placement.
Therefore, a Manifestation Determination Review is required. The CSC must:
1)
Complete CSC minutes documenting the decision to remove; the total days of removal
(consecutive and cumulative in that school year); the pattern decision, including the factors
required to be considered (above);
2)
Notify the parent of this decision and provide them with a procedural safeguards notice;
and
3)
Give parents notice of a Manifestation Determination Review meeting to be held within 10
school days of the removal recommendation, as discussed below. It is best practice to
schedule the Manifestation Determination Review as soon as possible (but no later than 10
school days of the decision to recommend removal).
Long Term Removals
Current Removal for 11 or More Consecutive School Days
A removal for 11 or more consecutive school days is a change of placement. The CSC must:
1)
Notify the parent of the decision to remove for disciplinary reasons, through PWN, and that
the removal constitutes a change of placement;
2)
Provide parents with Procedural Safeguards Notice;
3)
Give parents notice of a Manifestation Determination Review meeting to be held within 10
school days of the removal recommendation, as discussed below. It is best practice to
schedule the Manifestation Determination Review as soon as possible (but no later than 10
school days of the decision to recommend removal).
Manifestation Determination Review (MDR)
Membership List
Participants in the MDR meeting CSC include the following individuals:
1.
Building level administrator;
2.
Student's general education teacher;
3.
Student's special education teacher;
4.
Student's parents; and
5.
Additional persons at the discretion of the parents or DoDEA:
a.
Student, if appropriate;
b.
Related services personnel.