The discipline incident involves a 6th grade student named Travis and a fire in the boy's bathroom

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The discipline incident involves a 6th grade student named Travis and a fire in the boy's bathroom at school on December 12. Travis was suspected of starting the fire and on December 13, xxxx, the school principal suspended him for 10 days. On December 15, the school superintendent determined that the fire was a "major violation" under the school discipline code and she is asking the school board to expel Travis for the remainder of the school year.

Travis has ADHD, and the school found him eligible for special education services in the 3rd grade. On December 19, the school conducted a manifestation determination meeting and heard the following testimony and considered the following information at the meeting:

The school principal testified as follows: On December 12, xxxx, I was walking by the boy's bathroom and smelled smoke. I went in to the bathroom and found a paper towel on fire on the floor. There were three boys in the bathroom. Travis, Student X and Student Y.

I took all of the students into my office and questioned them separately about what happened. Travis said he went in to use the bathroom and Student X and Student Y had a big ball of toilet paper that they were about the light on fire. Travis asked what they were doing and they told him and said that he could leave if he was scared. Travis said Student X and Student Y then started making fun of him for being scared, dared him to light the toilet paper on fire, and handed him a pack of matches. Travis then lit the toilet paper on fire thinking it would go out quickly, but instead it spread to some nearby paper towels that were on the floor that made the fire bigger. That was when I came in and saw the fire and put it out.

Both Student X and Student Y told me that they were in the bathroom and had a big ball of toilet paper that they were throwing at each other when Travis came in and that Travis had the idea to light it on fire. They said that Travis had the matches to light it on fire. They said that after he lit the toilet paper on fire, he also lit the book of matches on fire and threw them down on the floor, and that is what spread to the nearby paper towels on the floor. Since they both told me the same thing, and I questioned them separately, I believed their version of events.

The matches and matchbook were apparently burned completely in the fire.

I decided to discipline all three students with a 10 day suspension.

The school superintendent provided a letter that stated:I was contacted on December 15, xxxx by the school principal about a fire in the boy's bathroom. After talking with the school principal, it is clear to me that Travis intentionally started the fire and planned to do so. Such conduct is a "major violation" under our school discipline code and warrants expulsion for the remainder of the school year. I have filed a request for expulsion with the school board and a hearing will be held on the matter on December 23rd.

The school psychologist testified as follows:I have evaluated Travis in the past in the special education process. Travis presents as a student with ADHD and impulsivity issues. His problematic actions over the years include breaking in line at the cafeteria and pushing other students out of the line, grabbing items out of other students' hands when he wants them (like a cookie at lunch or a calculator in math class), taking a fish out of the classroom fish tank and throwing it at another student, and dumping all of his belongings out of his book bag on the teacher's desk and screaming at her when he could not find his homework.

Travis seems to do much better with his impulsivity when he is on medication, but he does not always take his medication consistently.

I spoke to Travis shortly after the incident. I believe Travis knew what he was doing when he lit the fire and it was not an impulsive act related to his ADHD. The school principal told me that Travis brought the matches to school, so I believe it was a planned event. I believe the services the school is providing Travis are appropriate and are working to help Travis. I believe that Travis taking his medication consistently would also help.

I do not think his actions were a manifestation of his disability, nor the result of a failure to implement an IEP or provide services.

The Parent provided the following testimony: Travis has had impulsivity control issues since he was young and it has continued to be an issue for him. He will blurt things out, interrupt other people, and he has trouble waiting his turn. He sometimes will grab things from others and he gets easily frustrated when things are not going his way.

His impulsivity has led to some problems following school rules over the years. He doesn't understand how his words or his behavior affect other people, and he doesn't understand the consequences of his actions. I believe that he has other emotional issues beyond ADHD, but the school evaluations have not uncovered anything. I have asked his doctor to look into this more for us.

I talked to Travis about this incident. He does not know why he did it. He said it happened very quickly and he just wasn't thinking. The other students were calling him names and teasing him about being scared and he wanted to show them that he was not. He did not understand how the paper could catch on fire so quickly and potentially spread. He said that he did not mean to cause any harm. He told me that he did not plan it ahead of time. Travis does not have access to matches at our house and has never lit a fire or used matches as far as I know.

There are times when Travis refuses to take his medicine and that can make his impulsivity worse. He takes his medicine at night because it makes him drowsy. He took his medicine the night before the fire incident.

Travis' IEP includes a behavior plan that has the following requirements: Ignore minor, inappropriate behavior Increase the immediacy of rewards/consequences Use time-out procedures for misbehavior Use time-out to prevent misbehaviors Supervise student closely during periods of transition Avoid lecturing or criticism in front of peers Attend to positive behavior with compliments Seat the student near a good role model or teacher Call on the student only when he/she is acting appropriately

From talking to Travis, I don't believe that the school has consistently followed these requirements. I also have a letter from Travis' doctor that states that his actions were due to his impulsivity issues.

Letter from Dr. Andrews: I am Travis' treating physician. I am a general practitioner and have treated Travis since he was two years old. I am responsible for managing his medication and I see Travis on a regular basis to do so. Generally, I see him two to three times per year. As the events of the bathroom fire were explained to me by Travis and his mother, it is my opinion that Travis' actions were directly related to his impulse control and inability to understand the consequences of his actions. I would ask that the school team consider this in their deliberations and make any necessary modifications to his programming.

Travis's classroom teacher testified as follows:I am Travis' classroom teacher. Travis does have impulse control issues in class and they do sometimes interfere with his learning, or the learning of others. We have been consistently applying the provisions of the IEP and the behavior plan, and those do seem to help Travis. However, sometimes it seems that no matter what we do, Travis is going to do what he wants to get his way and has a hard time understanding what is and what is not appropriate classroom behavior. I believe some of this comes from Travis not taking his medication consistently.

After hearing this information, the team discussed the information and reviewed Travis's file. The team members discussed the implementation of the IEP and the services provided to Travis. The school team members all agreed that Travis' actions in starting the fire were not a manifestation of his disability and they filled out the following form:

Northeast School District Special Education Programs MANIFESTATION DETERMINATION Meeting Summary and Worksheet Form Student Name: Travis Jacobsen Date: 12/19/xx School: Northeast Elementary Grade 6th DOB: 1/24/xx IEP Team Members Present Position Jan Shepard IEP Team coordinator Elsie Jones Special Education Teacher Mavis Hopkins Classroom teacher Jeff Hattis School Psychologist Betsy Jacobsen Parent Date of incident that gave rise to this suspension: December 12, xxxx Number of days student had been suspended this school year prior to this incident: 5 Number of days of suspension for this incident: 10

It is not the purpose of a manifestation determination to decide if the student did what he/she is accused of doing or to decide what the student's punishment should be. The team's task is to determine whether there is a causal relationship between the behavior for which the student was suspended and the student's disability (or a suspected disability of which school had knowledge before incident). To accomplish this task, the team should discuss the following points. Please document the team's discussions.

Review the student's placement and the student's IEP service minutes and goals. Was the student receiving all the services set forth in the student's IEP? Yes

Review the behavioral history of the student.Student has had issues with impulse control over the years including this year. The team believes it is a direct result of student not taking medication on certain days. Incidents this year include breaking in line at the cafeteria and pushing other students out of line, grabbing items out of other students hands when he wants them (like a cookie at lunch or a calculator in math class), taking a fish out of the classroom fish tank and throwing it at another student, and dumping all of his belongings out of his book bag on the teacher's desk and screaming at her when he could not find his homework.

Student was suspended a total of 5 days this year for these various actions.

Review the incident that gave rise to the student's suspension. Travis lit a ball of toilet paper and paper towels on fire in the boy's bathroom.

What preceded the incident? Students were at lunch and Travis went into the bathroom during his lunch break.

What was the student's role in the incident? Travis lit the ball of toilet paper and paper towels on fire. He brought the matches to school with him.

What steps could or should have been taken to avoid the incident, and by whom?Travis needed to exercise better judgment and think about the consequences of his actions.

Does the student have a behavior intervention plan? Yes

Was it being followed? Yes

Do the parents have other information the team should know about the student's current functioning? The parents provided a letter from Travis' primary care physician stating that she believes that Travis' actions were the result of his lack of impulsivity control. The team considered this information, but it is inconsistent with what the other students said happened and the team does not believe this was a case of impulsivity.

Team's findings:

1. Was the conduct in question caused by, or directly and substantially

related to, the student's disability (s)?

YES _________ NO ___X______

Summary of team's reasoning:

Student did not act impulsively in lighting the toilet paper on fire. It was a planned event.

Parents' opinion, if different than team members:

The parent disagrees with this finding and believes his actions were a result of a lack of impulse control.

2. Was the conduct in question the direct result of the school's failure to implement the student's IEP? YES __________ NO ____x_____

Summary of the team's reasoning: IEP has been followed.

Parents' opinion, if different than team members: Parent disagrees with this finding and believes that parts of the IEP and behavior plan have not been implemented.

If the behavior is a manifestation of the student's disability, then the student must be returned to the placement from which he or she was removed as part of the disciplinary action unless the parents and the LEA agree to change the child's placement as part of the BIP, or unless special circumstances. (weapons, drugs, or serious bodily injury) are involved and the school has been notified that an alternative placement has been arranged.

The IEP team should also consider the following: Does the student need an FBA? o If so, has the team prepared a Notice of Educational Reevaluation? Does the student's preexisting FBA need updating? o If so, what arrangements have been made to update the FBA? Does the student's preexisting BIP need updating? o If so, can the IEP team do it at this meeting or do you need to schedule another IEP meeting? Should changes be made to the student's IEP to reduce the chance of future behavior incidents? o If so, can the IEP team do it at this meeting or do you need to schedule another IEP meeting?

If this suspension results in 11 cumulative days of suspension or more, what arrangements have been made for providing the student alternative education services during this suspension or future suspensions this school year? (Note: merely sending work home is not sufficient. "Alternative education services" may take the form of supervised homework, tutoring, online work, or other options.) Student will receive 2 hours per day of instructional services at home or at the city library.

Question 1 A. Did the team follow the statutory and regulatory requirements for conducting a manifestation determination under federal law? Explain why or why not. Be sure to cite every law that you rely upon or reference in your analysis with aBluebook citation. B. Are the requirements any different under Georgia's state's laws? If so, explain the differences and whether the team met the requirements. Be sure to cite every law that you rely upon or reference in your analysis with a Bluebook citation

Question 2 A. Assume that the parent appeals the team's decision under 34 CFR 300.532 and your relevant state laws. You are the hearing officer assigned to the case. The parties agree that the appeal is based on the facts from the manifestation hearing. No additional factual information is provided. Draft a decision that analyzes the facts from the manifestation hearing under the relevant legal standards and provides a clear ruling on the parent's appeal, including the relief, if any, for the student. Be sure to cite every law that you rely upon or reference in your decision with a Bluebook citation

Question 3 You will notice at the end of the manifestation determination form that the team is offering to provide two hours a day of alternative education services to Travis. A. What are the requirements under federal law for providing services to students with disabilities when the behavior is not a manifestation of their disability? B. Are the requirements any different under your state's laws? If so, explain the differences. C. Is providing Travis with two hours of services per day sufficient to meetthese federal and state requirements? Why or why not?