School's Choice by Wagma Mommandi

Author:Wagma Mommandi
Language: eng
Format: epub
Publisher: Teachers College Press
Published: 2021-01-15T00:00:00+00:00

Manifestation Determination

According to a finding of Philadelphia’s Charter Schools Office, Franklin Towne Charter High School “consistently violated” the “manifestation determination” requirement of IDEA (Windle, 2018). This requirement prohibits a school from suspending or expelling a student with an IEP if the wrongful behavior results (manifests) from the disability. That is, the student cannot be excluded from school because of the student’s special needs, and the school must provide notice and due process to allow for this to be determined.

Franklin Towne Charter School was not alone. The Philadelphia Charter Schools Office issues notices of deficiency to charter schools for “significant instances of non-compliance or poor performance that may affect student well-being or access” (School District of Philadelphia, 2018). In 2017, four charter schools were cited for manifestation determination violations. The schools (Independence Charter West, Laboratory Charter School of Communication and Languages, West Philadelphia Achievement Charter School, and Wissahickon Charter School) all did not reference manifestation determination in disciplinary hearings for students with special education needs, as required by Pennsylvania Public School Code (School District of Philadelphia, 2018). Wissahickon was also cited for not referencing due process in disciplinary hearings for students with special education needs.

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