A state due process hearing (San Diego Unified School District, 109 LRP 54649 [SEA CA 08/12/08]) resulted in a decision that a California school district was justified in disciplining a student with a Specific Learning Disability and ADHD just as if he was a student without a disability. During a manifestation determination review, the IEP correctly concluded that the student's drug distribution did not have a direct and substantial relationship to the student's disability. Investigation into the incident revealed that his actions were not conducted on the spur of the moment but involved planning. Administrators are advised to conduct thorough investigations of behavior incidents so they can bring the information to manifestation determination hearings for the purpose of guiding decisions.
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