Manifestation Determination After a Shove

The MDR must answer two questions: (1) Was the conduct caused by or substantially related to Devon’s disability? (2) Was the conduct the direct result of the district’s failure to implement the IEP?

Relevant reasoning:

• The FBA identified escape as the function. Shoving occurred when a teacher blocked the door during an altercation. That is consistent with an escape/avoidance pattern, not necessarily an unrelated act of defiance.
• The BIP was not consistently implemented. The break card was disallowed during passing periods, which is exactly when the incident occurred. This weakens the district’s ability to argue that the behavior was unrelated to the disability or that the IEP was faithfully implemented.
• The 45-day IAES is not available simply because the principal wants it. IDEA permits a 45-day IAES for weapons, drugs, or serious bodily injury. The team must determine whether the shove meets the serious-bodily-injury standard; a shove alone may not. Even if it does, the MDR still matters for other disciplinary changes.
• Likely conclusion: The behavior appears to be a manifestation of Devon’s disability and/or related to the failure to implement the BIP. The team should not predetermine otherwise to satisfy the principal.

The psychologist should state the evidence and resist pressure to reach a politically convenient conclusion.

The psychologist should not provide a predetermined finding. That would violate ethical obligations and undermine the integrity of the MDR.

I would:

• State the limits clearly: “I can present the data and participate in the team decision, but I cannot predetermine the outcome before the MDR.”
• Redirect to the two legal questions and the evidence needed to answer them.
• Document the request and the response appropriately, using district channels if pressure continues.
• Consult a supervisor or legal counsel if the principal insists.
• Keep the parent informed of the process without taking sides.

The psychologist’s role is to ensure the decision is based on the FBA, BIP implementation records, and the relationship between the behavior and the disability-not on administrative convenience.

Immediate next steps should address safety, assessment, and placement.

• Complete the MDR properly with the required team, including parents, and document the two-question analysis.
• Review BIP implementation. Gather data on how often the break card was available, whether check-in/check-out occurred, and what staff did before the shove.
• Revise the FBA/BIP. If the function is escape, the plan should include proactive access to breaks during passing periods, instruction in requesting a break, and staff consistency. Add a crisis plan if needed.
• Consider interim placement. If Devon cannot safely return immediately, the team must follow IDEA procedures for a change of placement. A 45-day IAES is not automatic; it requires the legal criteria.
• Monitor progress with frequency counts and fidelity checks.
• Communicate with parents about the plan and their procedural rights.

The key is to connect the behavioral data to the support plan rather than using placement as a punishment.