| Manifestation Hearing
A manifestation hearing must be held when school personnel
recommend a long-term suspension (more than 10 school days) or when
a student is approaching ten cumulative days of suspension. The
purpose of the hearing is to determine if the student's inappropriate
behavior is substantially related to the student's disability.
The manifestation hearing team will include the student's IEP
team and other qualified personnel. The director of special education,
or designee, will preside at the hearing. The manifestation designee
may be any staff member trained by the special education director
in conducting manifestation hearings. Currently all principals,
assistant principals, and school psychologists are trained.
Procedure:
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The principal or designee will send prior written notice,
a meeting notice, and procedural safeguards to the parents and
will notify the special education director and appropriate district
administrators.
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The principal or designee will notify the IEP
team.
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At the hearing, the principal or designee will describe student's
alleged misconduct.
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The principal or designee will complete a manifestation determination
report (Form SP130)
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The special education director or designee will make a manifestation
determination.
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The special education director or designee will give a copy
of the manifestation determination report to the parents.
- Based upon the manifestation determination, the IEP
team will follow the procedures described in the long term suspension
section of this page.
Timeline
A manifestation hearing must take place no later than 10 calendar
days after the date on which the decision is made to conduct a hearing.
Parents must be notified in writing five calendar days prior to
the hearing. Parents may waive the five-day timeline.
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