In re: Student with a Disability, 53 IDELR 205 (SEA VA 2009), a due process case, an independent hearing officer concurred with a Virginia district that a student's disruptive behavior was planned and willful; therefore, it was not a result of his ADHD. Based on the student's explaination that he was trying to get attention, in addition to the comments of the teacher who confronted him after the incident, the manifestation determination review team correctly concluded that the student's behavior did not reflect the impulsivity commonly characterized by his disability. Friday, May 7, 2010
Pre-planning is a Key Consideration in Manifestation Determination Reviews
In re: Student with a Disability, 53 IDELR 205 (SEA VA 2009), a due process case, an independent hearing officer concurred with a Virginia district that a student's disruptive behavior was planned and willful; therefore, it was not a result of his ADHD. Based on the student's explaination that he was trying to get attention, in addition to the comments of the teacher who confronted him after the incident, the manifestation determination review team correctly concluded that the student's behavior did not reflect the impulsivity commonly characterized by his disability. 
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