Case name: Santa Rosa County Sch. Bd., 124 LRP 33446 (SEA FL 08/28/24).
Ruling: An administrative law judge found that a student with deafness and a speech language impairment was not entitled to a manifestation determination review under the IDEA. She also determined that that the district did not violate the IDEA's least restrictive environment mandate and the parents meaningfully participated in the IEP process. The ALJ denied all requested relief.
What it means: A district must hold an MDR whenever it proposes to remove a student with a disability for a violation of the code of student conduct for more than 10 consecutive school days. By relying on discipline and attendance records, confirming the student was suspended for less than 10 consecutive school days with no out-of-school suspensions, this district proved no MDR was required. It also established there was no pattern of removals warranting an MDR because early pick-up from school was the parents' choice, not a requirement.
Summary: A student with deafness and a speech language impairment was not entitled to an MDR because he wasn't suspended for more than 10 consecutive school days or subjected to a pattern of removals. The 15 occasions when the parents picked up the student early from school did not constitute a pattern of removals or push the number of removals over the 10-day threshold. School records documented that it was the parent's decision to pick up the student early.
The student's behavior challenges increased, requiring the use of restraint 239 times within 29 days. By the end of the school year, he was suspended for seven days and received 11 days of discipline for aggressive acts, disorderly conduct, and assault of students and staff.
The parents alleged that he was entitled to an MDR.
An MDR must be performed within 10 school days of any decision to change the placement of a student with a disability because of a violation of the code of student conduct, the ALJ explained. A change of placement occurs when the removal was for more than 10 consecutive school days or the student was subjected to a series of removals that constituted a pattern, she added.
The parents did not show that there was a change of placement, the ALJ found. Discipline records indicated the student was suspended for five non-consecutive days and had no out-of-school suspensions, she noted. As such, the student was not entitled to an MDR, the ALJ concluded.
Although staff contacted the parents many times due to the student's behavior, there wasn't a pattern of removals that constituted a change of placement, she found. Discipline and attendance records confirmed that the parents were requested to pick up the student once, and they voluntarily took him home early on 15 days, but weren't required to do so, she observed. Even combining the early pick-up days with the non-consecutive suspensions, the total didn't meet the 10-day threshold, the ALJ explained.
September 23, 2024
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