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CJ received 3 office referrals during the first semester that totaled 12 days. The IEP Team conducted a manifestation determination review and determined that the behavior (fighting with peers) was not a manifestation of his specific learning disability. When CJ returned to school after winter break, he was involved in a fight with another student leading to another 5 day suspension. Must the IEP Team conduct another manifestation determination review for this disciplinary removal? Responses No, the “ten day” rule starts over after each manifestation determination review. No, the “ten day” rule starts over after each manifestation determination review. No, the IEP Team already determined that fighting is not a manifestation of his disability. No, the IEP Team already determined that fighting is not a manifestation of his disability. No, the suspension is only for 5 days. No, the suspension is only for 5 days. Yes, each time the cumulative number of days rises over ten and a pattern exists, a manifestation determination review must be conducted to address the current behavioral incident.
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