An 11 year old 6th grade student with Asperger Syndrome, ADHD, and multiple learning disabilities was suspended for 10 days because he pulled his principal’s necktie when he learned he would not be permitted to leave school early. At the manifestation determination the CCC considered student’s IEP and a recent neuropsychological evaluation. Based on that data, the CCC found no manifestation between the student’s misconduct and his disability. The school took the position that the student’s conduct involved the use of a weapon as defined by IDEA 07 and whether or not the conduct was a manifestation of his disability, the school could place the student in an interim alternative educational setting (IAES). The parent disagreed with the manifestation determination and requested a due process hearing.

1. Was the manifestation determination made in accordance with Article 7 and IDEA 04? Explain.

2. Was the necktie in this instance a weapon? Why or Why not?
 
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