Reversal of Manifestation Determination Finding and Expungement of Expulsion from Student Record
OAH case no 2020050048, Parent v. Santa Paula Unified School District.
District convened a manifestation determination review IEP at which, contrary to evidence in Student’s records, it found that Student’s participation in a fight with a peer was not related to her disability. She was subsequently expelled. District argued that only information related to Student’s basis of eligibility was relevant to the IEP team’s determination of whether Student’s actions were a manifestation of her Disability. Relying on extensive evidence that District was aware of a range of disability-related challenges which could have caused Student’s behavior, the Judge ruled both that the manifestation determination review team’s finding must be reversed and that all reference to subsequent disciplinary action based on this incident must be expunged from Student’s record.
The successful prosecution of this due process hearing allowed Student to obtain a substantial civil settlement to remedy District’s improper denial of Student’s access to any educational program for over 6 months.
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