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After an MDR


ThinkPurple

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We had an MDR over two weeks ago for my daughter. There was no consensus, I was rushed through the meeting, and I didn't get to present all of the evidence that I had because the pricipal kept saying he had other meetings to get to and he wanted to rush it along. At the end of the meeting, I was told since there was no consensus it would go to the head of Special Education for the district who would figure it out. I did ask at the meeting if I don't disagree with the decision, do I file due process. 

Fast forward to today, after asking for over a week about a decision, and I was told that after speaking with the district's lawyer, the principal who was in the meeting would be the one making the decision. I was also told that they were going to say yes. That shocked me after the principal had voted no in the meeting itself, but I was told the lawyer had reminded them they needed to look at all evidence that was presented.

 

My question is, during the phone call the school psych who called me said that we are going to have an IEP meeting on Friday and we would have to discuss discipline procedures for the behaviors my daughter has. My daughter has gotten angry and hit staff, which is what the MDR was for as she's been suspended 11 total days since January 9th for the behaviors. My understanding is, if they determine it is a manifestation of her disability, there shouldn't be discipline for it as that would be disciplining someone because of their disability. My understanding is they need to change the IEP/FBA to support her better and use positive reinforcement, not punishments. Am I wrong?

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If the school agrees the behaviors are a manifestation of disability, the IEP team should be meeting to discuss the FBA & behavioral plan. Has an FBA been done yet?  Lisa's post at https://adayinourshoes.com/manifestation-determination-hearing/#h-options-during-the-manifestation-determination-review may also be helpful to you.

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@Jenna, yes she had an FBA done earlier this year when her biggest issue was eloping. Now that her elopment options have been taken away, she's switched more towards aggression. We are supposed to be meeting on Friday to discuss her BIP and her "punishment options" as explained to me.

 

We also have a meeting that day with TASN to get their input (they are authority on Autism in the state)

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