Who gets to vote in a Manifestation Determination?

Discussion in 'Special Education' started by 3drawercart, May 14, 2015.

  1. 3drawercart

    3drawercart New Member

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    May 14, 2015

    Hi,

    Just wondering who gets to vote in a Manifestation Determination? And can an administrator override everyone?

    I was recently in a meeting in which the student (18 years of age), student's mom, step-dad, dad, and other team member voted that the incident was a manifestation of the student's disability.

    The four other team members voted that the incident was not a manifestation of the student's disability.

    Final vote was 5-4 in favor of the incident being a manifestation of the student's disability.

    I read through the IDEA regulations but I wasn't clear and it's not specific around members for a MD. Help anyone? Thank you.
     
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  3. Jerseygirlteach

    Jerseygirlteach Groupie

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    May 14, 2015

    IEP team I believe. I can't imagine why an admin would be able to override the IEP team.
     
  4. swansong1

    swansong1 Virtuoso

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    May 14, 2015

    In my experience, and I have only had three of these meetings in my career, the vote must be a majority of the committee. The admin was not allowed to override the vote in the one case that went against the district.

    However, I have heard of districts stacking the deck against a student by bringing in savy lawyers and "specialists" and pretty much steam rolling everyone.

    In all reality, I'm not sure districts go out of their way to follow IDEA if they can get away with it.
     
  5. bros

    bros Phenom

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    May 14, 2015

    The IEP team decides - an administrator cannot overrule the decision of the team, as that would violate IDEA.
     
  6. smalltowngal

    smalltowngal Multitudinous

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    May 18, 2015

    Agreed. It is the committee's decision. No one person can override that decision.
     
  7. comaba

    comaba Cohort

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    How is it that both parents and a stepparent are part of the team? Isn't a stepparent allowed in place of a parent?
     
  8. geoteacher

    geoteacher Devotee

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    May 18, 2015

    I have been a member of several of these teams, and the majority always rules at our school. However, an administrator always sits on this type of team. Additionally, I've never had a student who was 18 sit on his/her own team.
     
  9. bella84

    bella84 Aficionado

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    Parents can bring anyone they want to meetings (to, therefore, become part of the team). So, bringing a stepparent, grandparent, or even a family friend isn't out of the question.
     
  10. bros

    bros Phenom

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    Schools should invite students starting at 14 to encourage self-advocacy and help to develop a transition plan, if they are.. able to understand and participate meaningfully in an IEP meeting
     
  11. Caesar753

    Caesar753 Multitudinous

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    So, theoretically, a parent could bring in 30 people in order to strong-arm the team into going with whatever the parent wants. With 30 people on the parent's side, the parent would most certainly get a majority vote. Right?
     
  12. bros

    bros Phenom

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    Guests cannot vote. They can offer their opinion, though.
     
  13. Caesar753

    Caesar753 Multitudinous

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    So they're not actually part of the team? Did I misinterpret bella's comment? I'm admittedly confused about this topic.
     
  14. bros

    bros Phenom

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    Guests are people invited by the parents (The school can also invite people outside of the typical IEP team to a meeting, such as the district's attorney), they might be an advocate, a doctor, someone close to the child who knows them, or someone for emtional support.
     
  15. bella84

    bella84 Aficionado

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    I guess this might vary from state to state or school to school.... Quite honestly, I've never heard of a team taking an actual "vote". It's always been a "consensus" where I've been involved. So, if a school really does "vote", then I guess what you stated is true, in theory. However, if a consensus is required, then the number of people feeling one way or another wouldn't really matter. In my experience, if a consensus cannot be reached, the team would agree to end the meeting and reconvene at another time with more data and information. Again, in my experience, the person serving as the LEA (Local Education Agency representative, usually a principal or other administrator) has the final say. They are the ones who can make the final decision whether or not a school will commit the resources to anything in particular.
     
  16. bella84

    bella84 Aficionado

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    May 19, 2015

    In my experience, anyone who attends and participates in the meeting is part of the team. The team can vary from meeting to meeting, if a parent brings a family friend to one meeting but not another, for example. Anyone in attendance will be permitted to ask questions, state opinions, and share information.
     
  17. smalltowngal

    smalltowngal Multitudinous

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    May 20, 2015

    Only those people who have a direct educational interest in the student would be allowed to 'vote' in any IEP meeting. Parents can bring whomever they want, but not everyone is part of the consensus. So a stepparent could 'vote' because of the educational interest; however, a family friend or advocate would not be able to vote.
     
  18. bella84

    bella84 Aficionado

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    See... This just isn't how it would work at my school, but I guess every place is different.
     

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