District Cannot Use Behavior Contract to Justify Disciplinary Change in Placement without Manifestation Determination

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In Waynesboro (PA) Area School District, 112 LRP 26149 (OCR 02/17/12), the Office for Civil Rights (OCR) determined that the fact a high school student with a learning disability had signed a behavioral contract did not allow the school district to change his placement without conducting a manifestation determination review (MDR). The student was African American and had been subjected to a number of incidents of racial harassment, some of which had resulted n physical altercations. The high school had made some effort to intervene with the harassing students and a counselor had worked with the student on how to handle these situations. In addition the student, his parent, the special education teacher, and acting assistant principal signed a Student Behavioral Contract with the student.  The contract included a provision that the student would resolve conflict in a non-violent manner.

According to the district, the contract was drawn up because the student had been involved in several altercations, some of which, but not all, were the result of racial harassment. Unfortunately, the student later had a physical altercation with another African American student and, based on breaching the contract, his placement was changed to an alternative high school. Before the change in placement he was suspended for several days, bringing his total suspensions for the school year to twelve. Based on its belief that violating the Student Behavioral Contract justified the change in placement, the school did not conduct an MDR prior to changing his placement to the alternative high school.

The student’s parent filed a complaint with OCR alleging racial harassment and a violation of Section 504 and the Americans with Disabilities Act because the district failed to conduct a manifestation determination before changing the placement, failed to conduct an evaluation prior to the change in placement, and failed to provide the parent with her procedural safeguards. The Office for Civil Rights found in the parent’s favor and required the district to provide the MDR and evaluate the students need for compensatory services to compensate for educational services he may have lost as a result of the illegal change in placement.