1 making appropriate manifestation determinations individuals with disabilities education...

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Making Appropriate Manifestation Determinations

Individuals with Disabilities EducationImprovement Act – 2004

Parkway School District and

Special School District 2010-2011

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Legal Requirements

IDEA-2004 Contains Specific Requirements And Principles For Disciplining Students

With Disabilities, Including Some Changes From The Previous IDEA

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Legal Requirements

Any proposed action that constitutes a change of placement superintendent’s suspension or “pattern of removal”) requires that a student’s procedural safeguards be guaranteed. These safeguards include, but are not limited to, the right to:

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Legal Requirements notification of the decision and of all

procedural safeguards related to disciplinary action no later than the date on which the decision to take disciplinary action is made

examine the student’s education record submit relevant information to supplement the

education record

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Legal Requirements a determination of whether the conduct is or is

not a manifestation of the student’s disability reevaluation if determined to be appropriate a free appropriate public education (FAPE),

even if suspended or expelled, for students with disabilities under the IDEA-2004 until they graduate or through the school year in which the student turns twenty-one (21)

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Manifestation Determinations

Requirements/Guidelines For Conducting Manifestation Determinations

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Purpose / Intent...to prevent discrimination on the basis of disability

School administration cannot change a student’s placement through disciplinary procedures when the misconduct is a manifestation of the disability.

School administration must provide certain additional, legally required procedural safeguards/protections when the misconduct is a manifestation of the disability.

MANIFESTATION DETERMINATION

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Purpose / Intent...to determine the appropriate disciplinary process.

When the misconduct IS a manifestation of the disability, the IEP Team, rather than school administration, is to determine how to appropriately respond to the student’s behavior.

When the misconduct IS NOT a manifestation of the disability, the student is subject to standard Parkway discipline procedures and consequences.


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Purpose / Intent...to identify if changes in a student’s program are needed as a result of the student’s misconduct.

Support, intervention, service, and/or placement changes may be necessary when the misbehavior IS a manifestation of the student’s disability.

Changes may be needed with respect to the implementation of the IEP and/or behavior support/intervention plan.


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Within 10 school days of any decision to change the placement of a student with a disability or suspected disability because of a violation of the District’s discipline standards, the districts shall determine if the behavior infraction is a manifestation of the student’s disability (or suspected disability).

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Manifestation Determination Facilitation Guide

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Under IDEA-2004, the manifestation determination is to be made by the parent(s)/guardian(s) and “relevant members of the IEP Team (as determined by the parent and the local educational agency)”

1. Relevant Members

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Specific documents must be available at the meeting.

Certain individuals are responsible for specific documents.

2. Important Documents

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Prior to Beginning the Meeting Provide Procedural Safeguards to Parent(s) /

Guardian(s)

Complete Excusal Form (if needed)

Obtain Release of Information (if needed)

2. Important Documents

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Allow Meeting Participants to Introduce Themselves

Explain Purpose

3. Introductions

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All relevant information in the student’s file, including the student’s IEP and evaluation report(s), relevant teacher observations, and any information provided by the parents shall be reviewed and considered.

Check for shared understanding regarding how the student’s educational disability (disabilities) is manifested in an educational setting.

4. Review All Information…

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The discipline packet typically includes… Incident summary Student’s statement Witness statement(s) Discipline history Attendance Grades and credits Other included information/documentation

5. Review Incident Report

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The conduct shall be determined to be a manifestation of the disability when:(i) the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability,

OR(ii) the conduct in question was the direct result of the districts’ failure to implement the student’s IEP

6. Manifestation Determination

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(i) the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability,

Consider… how the disability has manifested itself in the past rather than the

student’s categorical diagnosis, the extent to which the discipline infraction is similar to how the

disability has previously manifested itself, any new or additional information relevant to the student’s

educational disability agreed to by the team, because of the disability, one might reasonably anticipate such

behavior.


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(i) the conduct in question was caused by,

or had a direct and substantial relationship to,

the student’s disability, Example:

Fighting with another student MAY NOT be caused by, or have a direct and substantial relationship to a child’s learning disability.


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(i) the conduct in question was caused by,

or had a direct and substantial relationship to,

the student’s disability, Example:

Fighting with another student MAY BE caused by, or have a direct and substantial relationship to a child’s emotional disturbance when interpersonal relationships have been identified as a basis for the educational diagnosis.


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(ii) the conduct in question was the direct result

of the districts’ failure to implement the

student’s IEP Consider….

whether the IEP and/or the support / intervention plan (i.e. BIP) were implemented as written,

and that any failure must bear a direct and substantial relationship to the infraction for it to be a manifestation of the disability.


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student’s IEP Example….

Failure to implement the IEP (i.e. reading a test) MAY NOT bear a direct and substantial relationship to the infraction (i.e. stealing a MP3 player).


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student’s IEP Example….

Failure to implement the IEP (i.e. BIP not implemented) MAY bear a direct and substantial relationship to the infraction (i.e. insubordination).


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…the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner and for the same duration in which the procedures would be applied to students without disabilities.

7.A. Conduct IS NOT a Manifestation

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… the student shall “receive, as appropriate, a functional behavioral assessment, behavior intervention services and modifications that are designed to address the behavior violation so that it does not recur.”

7.A. Conduct IS NOT a Manifestation

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the IEP Team shall…

conduct a functional behavioral assessment and implement a behavioral intervention plan for the student, provided the districts had not conducted such an assessment prior to the behavior resulting in suspension

7.B. Conduct IS a Manifestation

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the IEP Team shall…

review the behavioral intervention plan if the student already had such a behavioral intervention plan, and modify it, as necessary, to address the behavior, and


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the IEP Team shall…return the student to the placement from which the student was removed, UNLESS the parent and districts agree to a change of placement as part of the modification of the behavioral intervention plan or if the suspension involves a weapon, illegal drugs, or serious bodily injury.


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School personnel may remove a student to an interim alternative educational setting (AES) for not more than forty-five (45) SCHOOL days (NOT calendar) even though the misbehavior is determined to be a manifestation of the student’s disability, in cases where a student…

7.C. IDEA “Special Circumstances”

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carries or possesses a weapon to or at school, on school premises, or to or at a school function

knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function, OR


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has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function “serious bodily injury” means a “bodily injury that

involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.”


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If additional concerns, not related to the misbehavior, are identified during the meeting…

8. Additional Concerns

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9. Check for Questions / Comments

Always check with the "team," including parents/guardians, about any additional questions, issues or comments they may have related to the student's behavior, consequences, interim services, and/or services, placement, and program.

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To appeal the manifestation determination (or other disability / special education decision), contact the Missouri Department of Elementary and Secondary Education (Procedural Safeguards, pg. 25 - 30).

10. Procedural Safeguards / Appeals

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If parents/guardians disagree with and appeal the manifestation determination or any decision regarding placement, an expedited hearing, with counsel if desired, will be held (if mediation or a resolution session does not resolve the disagreement)


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“Stay put” During Appeal

IDEA-2004 states that a student “shall remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the…” suspension when a manifestation determination or discipline placement decision is appealed


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To appeal the Parkway disciplinary consequences, send a written request for a Board of Education appeal / hearing to the Parkway superintendent of schools (Parkway Appeal Handout).


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Roles And Responsibilities

Depending On A Student’s Status (e.g., IDEA disability, Section 504 disability, suspected disability), Staff Roles and

Responsibilities May Vary

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Roles/Responsibilities For IDEA Students

For students receiving special education services who are suspended, the school administrator suspending the student: assumes all school level administrative roles/responsibilities for the suspension is responsible for notifying the IEP chairperson (case manager) and, when a change if placement may result, the SSD area coordinator

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Roles/Responsibilities For IDEA Students

The IEP chairperson/case manager has a number of roles and responsibilities identified in the Parkway JKF Guidelines and in SSD procedural manuals. These include, but are not limited to: maintaining a suspension record for each

student and determining if a pattern of suspension has been created coordinating a manifestation determination

when required or requested

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Roles/Responsibilities For Students With 504 OR Suspected Disabilities

For students with Section 504 (only) or suspected disabilities who are suspended, the school administrator suspending the student assumes ALL school level roles/responsibilities associated with such suspensions. These are identified in Policy JKF and its Guidelines.

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Suspension Procedures

Principal And Superintendent Suspensions Of Students With

Disabilities Or Suspected Disabilities

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Once a behavior infraction occurs which requires administrative action and might result in a suspension, the administrator determines if the student involved: has, or is suspected of having, a disability requires any special accommodations has behavioral intervention plan

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Complete the investigation of the incident

Provide the student with due process to determine if the student has violated JK.BP "Student Discipline" and will be suspended

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Principal Suspension

Student Suspended 10 Or Fewer Days For School Year

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If the behavior infraction warrants a Principal Suspension that does NOT result in cumulative suspensions totaling more than ten (10) days for the school year, the following procedural steps are required…

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Principal SuspensionThe suspending school administrator… notifies the parent(s)/guardian(s) of the

suspension, procedural safeguards, and, when suspension will be 10 days, of the opportunity for the student to attend the ADC

suspends the student notifies the IEP case manager (for students

receiving special education services) (continued)

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The suspending school administrator… sends the appropriate Principal

Suspension letter, with copies to staff as needed

updates the student’s record and appropriate data-bases with the suspension documentation and data

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Student Suspended MORE THAN 10 Days Cumulatively For School Year

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If the behavior infraction warrants a Principal Suspension that will result in cumulative suspensions totaling MORE THAN ten (10) days for the school year the following procedures and requirements apply…

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Principal SuspensionThe suspending school administrator… notifies the parent(s)/guardian(s) of the

suspension, procedural safeguards, and, when suspension will be 10 days, of the opportunity for the student to attend the ADC

suspends the student notifies the IEP case manager (for students

receiving special education services) (continued)

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The suspending school administrator… sends the appropriate Principal

Suspension letter, with copies to staff as needed

updates the student’s record and appropriate data-bases with the suspension documentation and data

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Continuation Of ServicesA student with a disability under the IDEA-2004 who is removed from his/her current placement for violations of a code of student conduct for MORE THAN ten (10) school days in the same school year shall continue to receive educational services AFTER the 10th day of suspension

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Continuation Of ServicesThe educational services must be calculated to enable the student to continue to participate in the general education curriculum, although in an alternative educational setting, and to progress toward meeting the goals set out in the student’s IEP

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Principal Suspension(10 or less consecutive days)

Continuation Of Services

If the student will not be offered the ADC, the administrator, in consultation with at least one of the student’s teachers (e.g., IEP case manager, classroom teacher), determines the extent to which educational services are needed, if any, and the location for those services

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Principal SuspensionChange Of Placement

An accumulation of MORE THAN ten (10) days of suspension in a school year from short-term suspensions may also be determined to be a change of placement if the series of removals (suspensions) constitute a pattern

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Pattern Of Removal/SuspensionA series of removals/short-term suspensions may constitute a pattern (change of placement) because… …the series of removals total more than ten (10) school days in a school year, AND

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Pattern Of Removal/Suspension …the student’s behavior is substantially

similar to his/her behavior in the incidents that resulted in the series of removals AND, taken cumulatively, is determined to have been a manifestation of the student’s disability, AND

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Principal SuspensionPattern Of Removal/Suspension …of such additional factors as the

length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another

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Principal SuspensionPattern Of Removal/Suspension

For students receiving special education services, follow required SSD procedures when the student has accumulated MORE THAN ten (10) days of suspension in a school year from short-term suspensions

(see Guidelines and “FBA, BIP, & educational services” handout in manual for details)

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Pattern Of Removal/SuspensionFor students with Section 504 (only) or suspected disabilities AND A PATTERN has been created conduct a manifestation determination, and develop/review a functional behavioral

assessment and behavioral intervention plan

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Principal SuspensionPattern Of Removal/Suspension

For students with Section 504 (only) or suspected disabilities AND NO PATTERN has been created determine whether a functional behavioral assessment and behavioral intervention plan need to be developed/reviewed

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Superintendent Suspension

Student Suspended For 11 Or

More Consecutive School Days

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Superintendent SuspensionIf the behavior warrants a Superintendent Suspension the following principles, requirements, and procedures apply…

NOTE: Any single suspension of MORE THAN ten (10) school days has been determined to be a change in placement under the law and requires the provision of all procedural safeguards required under applicable state and federal laws

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Superintendent SuspensionRole Of The Discipline Review CommitteeIf a principal recommends the superintendent extend a suspension beyond the initial ten (10) school days AND the behavior infraction is not a manifestation of a student’s disability, the DRC shall review the student misconduct and make a recommendation to the superintendent regarding the length of the suspension. (Policy JK and JKF)

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Superintendent SuspensionRole Of The Discipline Review Committee The superintendent may accept or

modify the recommendation of the DRC The DRC recommendation and

superintendent’s decision normally shall be made prior to the end of the Principal Suspension

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Superintendent SuspensionRole Of The Discipline Review Committee Students and their parents/guardians have the

opportunity and are encouraged to attend all DRC meetings held to address a student’s misconduct

DRC meetings for students with disabilities generally take place AFTER the manifestation determination when the infraction is NOT a manifestation AND the suspension will be MORE than 11 days

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Superintendent SuspensionThe administrator suspending the student… notifies the parent(s)/guardian(s) of the

suspension, procedural safeguards, and the opportunity for the student to attend the ADC

suspends the student sends the appropriate Superintendent

Suspension letter, with copies to staff as needed (continued)

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Superintendent SuspensionThe administrator suspending the student… sends an email message to appropriate staff

as notification of the Superintendent Suspension and the need for a manifestation determination and, possibly, DRC meeting (see Guidelines for details)

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Superintendent SuspensionThe coordinator for student discipline sends an email message to appropriate staff with a recommendation for either: the MINIMUM SUSPENSION (11 days OSS)

OR that the case be REVIEWED DIRECTLY by the entire DRC

(see Guidelines for details)

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Superintendent SuspensionThe superintendent (& members of the DRC) reviews the information about the student and the infraction, considers the proposed recommendation, and determines whether the consequence for the infraction will: result in the MINIMUM SUSPENSION

(11 day OSS)

OR be DETERMINED by the superintendent

FOLLOWING the DRC meeting

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Superintendent Suspension If the initial recommendation is altered, the

revised DRC/Superintendent’s decision is sent via email to appropriate staff

The Special Services Department and the superintendent’s office sends one of two superintendent’s letters (“Minimum 11 Day OSS” OR “DRC Meeting/Review”) to the parent(s)/guardian(s) immediately after the decision

(see Guidelines for details)

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Superintendent Suspension The manifestation determination is made If a manifestation of the disability, the team

determines how to appropriately address the student’s behavioral needs

If NOT a manifestation of the disability, the Parkway administrator informs the parent(s)/guardian(s) and student of the 11 day OSS or the need for the DRC to review and recommend a consequence to the superintendent

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Continuation Of ServicesWhen it is anticipated that a suspension will be for MORE THAN TEN (10) CONSECUTIVE school days and ADC may not be available to the student, the team making the manifestation determination shall determine appropriate services and the location where those services shall be provided

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Continuation Of ServicesThe educational services must be calculated to enable the student to continue to participate in the general education curriculum, although in an alternative educational setting, and to progress toward meeting the goals set out in the student’s IEP

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Superintendent SuspensionDRC Procedures

case is scheduled for and reviewed by DRC DRC recommendation is made to

superintendent final decision made by superintendent suspension decision communicated to

parent(s)/guardian(s) by DRC representative(continued)

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DRC Procedures superintendent’s decision and the fully

completed Superintendent Suspension packet, including the “disability” page, are sent to the Special Services Department

final superintendent’s letter is sent to the parent(s)/guardian(s)

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Superintendent SuspensionAll school and district-level records and data are updated to document final decisions and outcomes. This includes ensuring that individual student records reflect when the superintendent’s recommendation (i.e., number of OSS days) was modified because the infraction was a manifestation of the disability.

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Individualized Plans

Alternative Consequences And Adaptations To School And District Discipline

Expectations And Procedures May Be Developed For Students With Disabilities

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Alternative Consequences Principals are authorized to impose

consequences for all students, including for students with disabilities.

Consequences such as in-school suspension (ISS), time-out, and interventions identified in a student’s individualized plan generally do not count as out-of-school suspension days, provided the student has access to all special education and related services and the general education curriculum.

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Alternative Consequences

Consequences, including bus suspensions when transportation is a RELATED SERVICE, that prevent access to special and general education or remove them from non-disabled peers generally count as out-of-school suspension days.

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Discipline Adaptations/Modifications

Individualized adaptations/modifications developed by an IEP/IAP Team must be followed as stated unless altered by the team

A Parkway administrator must be involved and in agreement when any significant discipline expectations or procedures are adapted or modified

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