What must be determined during a Manifestation Determination Hearing?

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During a Manifestation Determination Hearing, the primary focus is to ascertain whether the behavior that led to disciplinary action is connected to the student's disability. This determination is crucial because if the behavior is indeed a manifestation of the student's disability, the student cannot be punished in the same way as a non-disabled student. The hearing involves a review of relevant information, including the student's IEP and any behavioral concerns.

It's important to understand that this process helps protect the rights of students with disabilities, ensuring that disciplinary measures consider the unique circumstances related to their disability. If a student's behavior is deemed a manifestation of their disability, schools are required to evaluate their IEP and potentially provide appropriate support and services rather than imposing typical disciplinary consequences.

This focus distinguishes the hearing from other processes, such as evaluating academic performance or determining eligibility for special education services, which are not the primary considerations in a Manifestation Determination Hearing.

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