Teams Must Consider Relevant Information When Conducting a Manifestation Determination Review

In re: Student with a Disability, 52 IDELR 239 (SEA WV 209), an independent hearing officer concluded a school district violated IDEA when conducting a manifestation determination review for a 13-year-old with ADHD and ODD who took a pill given to him by another student. The manifestation determination team failed to discuss pertinent information during their review including medications the student was taking or how the behavior was linked to the student's disability. Furthermore, the student shared he felt pressured to take the pill that was offered by a larger student. Another error on the part of the district was failing to include the school psychologist who completed the student's initial educational evaluation. IEP teams must be mindful to conduct thorough MDRs and to discuss all relevant information including the student's IEP, discipline reports, teacher observations, and parental input in an attempt to understand the function of the student's behavior.