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My son and I have to attend a Manifestation determination…

Customer Question
My son and I...

My son and I have to attend a Manifestation determination meeting tomorrow due to being caught with marijuana 2 times. He is dx with ADD and has a IEP but I have a feeling that we not be able to support the case that his behavior is related to his disability. Does the school district have the upper hand if it is determined that the behavior is not a manifestation. What is their obligation to educate my son.

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

PA

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

Not yet. Manifestation meeting tomorrow. Incident happened on Friday.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. My goal at this time is for my son to finish out the year at a therapeutic private school. Not the school district alternative program.

Submitted: 1 month ago.Category: Education Law
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Answered in 17 minutes by:
3/18/2018
Education lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Education Law
Satisfied Customers: 123,240
Experience: Attorney handling education matters.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Use and possession of a controlled substance certainly is not a manifestation of a disability, it is manifestation of a possible addiction. You are correct that you would not likely be able to substantiate that him having marijuana is caused by his ADD.

Under the law, if he violates the law, they have a right to discipline him. As far as rights to an education, the US Supreme Court has held in San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1 (1973) that there is no civil right to an education. Your son as a disabled individual is entitled to accommodations to provide for his education based on his disability, but that does not excuse him or any disabled student from violating laws (such as the marijuana).

So, under this type of situation, it is likely you may have to find a private educational program to suit your son's needs, because legally if you cannot establish his conduct is based on his ADD, the school has a legal right to suspend or expel him.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
OK. That is what I thought.... marijuana is a violation that goes beyond ADD and will be treated differently. I will not fight this manifestation. The school has already hinted that we may be looking for alternative education. The next step would be meeting with superintendent and school board. IEP meeting will be held and the fact that I am part of the team I can recommend a private school right?
If I reject the NOREP do they have to revisit my recommendation.
Education lawyer: Law Educator, Esq., Attorney replied 1 month ago

Thank you for your reply.

If this is a second offense, it is time to consider looking for some program to enter him into that will also address the drug addiction issues and seek to get to the root of the problem, or it will keep being a problem. Because you are a part of the IEP process, if you suggest private school, the school board will tell you to find him one, since they would not be responsible for doing so or paying for it, since this is not caused by his disability.

If you reject NOREP, no they do not have to revisit, because the issue here is not related to his disability, it is a regular disciplinary issue.

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