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Disability
Manifestation Determination
If a child with disability commits an offense
that violates the school code of conduct, which can result
in an exclusion for longer than 10 school days, the
IEP team must conduct a disability manifestation determination
within 10 days of removal. The manifestation determination
meeting is held with the parent and relevant members of the
IEP team. The team reviews all relevant information in the
child's file, the IEP, teacher's observations, and any relevant
information from the parent and the child.
Symptoms of many neurologically-based disabilities
are very frequently misinterpreted as purposeful misbehavior.
And sometimes, it is the lack of necessary support in the
child's IEP that actually precipitates the behavior. In such
cases parents of internationally adopted children may need
to have an advocate on their side to help find the right solution
for the problem and resolve the situation in the best interests
of the child.
Dr. Gindis has an extensive background in Functional
Behavior Assessment (FBA) in school environment and experience
with such methodologies as Applied Behavior Analysis (ABA)
and Behavior Modification Programming (BMP).
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Conducting
disability manifestation determination for your child,
Dr. Gindis will:
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- Examine the records of the child's
behavior over the period of current IEP in order to
see if similar behaviors occurred in the past with
particular eye on the type of behavior that caused
the referral.
- Collect information from the school
staff about the child's school performance to identify
the extent, to which the problem behaviors are typical
for the child.
- Collect information from parents on
behavior concerns at home.
- Review the child's current IEP and
placement for appropriateness.
- Review options available at school
for children with similar cognitive, emotional, and
behavior status.
- Conduct Functional Behavior Assessment
and develop a Positive Behavior Support plan, unless
that has already been done.
- If a Positive Behavior Support plan
has been already implemented, review and modify it
as necessary.
- If the child has to be transferred
to another setting, Dr. Gindis will analyze the appropriateness
of the proposed Interim Alternative Educational Setting
(IAES): how the proposed IAES matches the child's
psycho-educational and emotional profiles and educational
disability.
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If
no Functional Behavior Assessment (FBA) was conducted
by the district prior to change of placement, Dr.
Gindis will perform FBA that will include:
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- Define the child's behavior in specific,
concrete terms, label it according to its seriousness
(destructive, disruptive, distracting), and prioritize
behaviors to address.
- Collect data to answer key questions
regarding when the behavior is most and least likely
to occur. These data will normally include: who was
present during the last episode, what was going on
at the time, when, where, how often, and how long
such episodes may continue.
- Observe and record antecedents, behaviors,
and consequences of behavior in question.
- Develop a hypothesis about the purpose
or function, served by the behavior (attention seeking,
escape/avoidance, obtaining something, self-regulation,
play, etc.)
- Develop a plan for the school staff,
which addresses prevention of such episodes and/or
instructs on how to react appropriately if these episodes
happen.
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