District's Manifestation Determination Overturned for Student with Autism Facing Expulsion

A 17-year-old student with autism at Fortuna Union High School District faced expulsion after a series of alarming incidents, including a physical fight and a terroristic threat, during a period of severe mental health decline. The district's manifestation determination team concluded the conduct was not related to his disability — a conclusion the ALJ overturned after finding the team ignored critical evidence of depression, medication changes, and hospitalization. The ALJ ordered the student returned to school and required a functional behavior assessment.

What Happened

A 17-year-old eleventh grader with autism had been a well-liked, motivated, and well-behaved student at Fortuna High School for nearly two years — with no prior discipline incidents. At the start of the 2019-2020 school year, something changed dramatically. He became withdrawn, stopped participating in class, slept through lessons, and lost all motivation. His counselor noticed, his teachers noticed, and his mother noticed: his antidepressant (Lexapro) was not working and his dose was doubled in late September 2019. Then, within weeks of that medication change, he punched a classmate he considered a friend, threatened his parents and family dog with knives at home, was hospitalized on a psychiatric hold (5150), and was later reported to have discussed a school shooting in text messages. He was suspended and then recommended for expulsion.

Before expulsion proceedings could continue, the district was required to hold a manifestation determination review — a meeting to decide whether his conduct was caused by or related to his disability. The team, led by a first-year school psychologist, concluded his behavior was not a manifestation of his autism and moved forward toward expulsion. His parents disagreed and filed for an expedited due process hearing. An independent psychologist later assessed the student and diagnosed him with Autism Spectrum Disorder, ADHD, and Major Depressive Disorder, and concluded his conduct may have reflected a psychotic break. The ALJ found the district's manifestation determination was wrong.

What the District Did Wrong

Narrowed the disability analysis improperly. The manifestation team limited its review to autism as narrowly defined in his IEP — specifically, impaired social interaction and difficulty asking for help. The ALJ found this was an unreasonable restriction that excluded obvious evidence of depression and mental health deterioration that the district already knew about.
Ignored or omitted critical information. The school psychologist preparing the manifestation report failed to share with the team an interview with Student's English teacher, who described him as melancholy, unable to complete tasks, and giving up in class. The psychologist's stated reason — that the teacher was "highly emotional" — was not an acceptable justification for withholding relevant information.
Withheld evidence of the psychiatric hospitalization and knife incidents. The psychologist also failed to inform the manifestation team about the student's 5150 hold, his threatening behavior at home with knives, or the details of his medication changes — all of which were known to district staff. She conceded at hearing that this information would have been important for the team to consider.
Failed to consider depression as a relevant disability. Multiple district employees — the academic counselor, a student support counselor, and two teachers — had documented clear signs of depression before the incidents occurred. The team's decision to analyze only autism, and only through the narrow lens of the IEP's language, was not a reasonable individualized analysis.
Delegated the final decision inappropriately. Rather than reaching a team consensus, the assistant principal delegated the final call to the dean of students, who simply answered "no" to each statutory question without meaningful analysis or discussion of the available evidence.

What Was Ordered

Fortuna Union High School District must provide parents an assessment plan within 10 days of the decision to conduct a functional behavior assessment (FBA).
The FBA must be conducted expeditiously after parents provide consent, followed by an IEP team meeting to review the results and develop or update a behavioral intervention plan.
The student must be returned to Fortuna High School unless the parties mutually agree to a different placement.

Why This Matters for Parents

A manifestation determination must look at the whole child — not just the IEP label. The district tried to limit the analysis to the exact words in the IEP. The ALJ made clear that the law requires a review of all relevant information, including teacher observations, parent reports, medical history, and any signs of mental health conditions — even if those conditions are not yet formally listed as a disability category.
Document and share every sign of mental health decline in writing before a crisis. In this case, counselors and teachers emailed each other about the student's depression and behavioral changes weeks before the incidents. That paper trail became critical evidence. If your child's behavior or mood is changing significantly, put your concerns in writing to the school.
You have the right to participate meaningfully in the manifestation determination meeting. Parents are members of the manifestation determination team. If the school presents a one-sided report and rushes to a conclusion, you can and should disagree — and you can appeal. Request a recording of the meeting if your state allows it, as the parents did here.
Medication changes and psychiatric events are relevant to a manifestation determination. If your child's medication was recently changed, or your child was recently hospitalized for mental health reasons, make sure the manifestation team knows. This information directly affects whether behavior is tied to a disability.
If you believe the manifestation determination was wrong, you can request an expedited due process hearing. The timeline is fast — a hearing must happen within 20 school days and a decision within 10 school days after that. Don't wait. File quickly and consider consulting a special education attorney, as the family did here.

What Happened

What the District Did Wrong

Narrowed the disability analysis improperly. The manifestation team limited its review to autism as narrowly defined in his IEP — specifically, impaired social interaction and difficulty asking for help. The ALJ found this was an unreasonable restriction that excluded obvious evidence of depression and mental health deterioration that the district already knew about.
Ignored or omitted critical information. The school psychologist preparing the manifestation report failed to share with the team an interview with Student's English teacher, who described him as melancholy, unable to complete tasks, and giving up in class. The psychologist's stated reason — that the teacher was "highly emotional" — was not an acceptable justification for withholding relevant information.
Withheld evidence of the psychiatric hospitalization and knife incidents. The psychologist also failed to inform the manifestation team about the student's 5150 hold, his threatening behavior at home with knives, or the details of his medication changes — all of which were known to district staff. She conceded at hearing that this information would have been important for the team to consider.
Failed to consider depression as a relevant disability. Multiple district employees — the academic counselor, a student support counselor, and two teachers — had documented clear signs of depression before the incidents occurred. The team's decision to analyze only autism, and only through the narrow lens of the IEP's language, was not a reasonable individualized analysis.
Delegated the final decision inappropriately. Rather than reaching a team consensus, the assistant principal delegated the final call to the dean of students, who simply answered "no" to each statutory question without meaningful analysis or discussion of the available evidence.

What Was Ordered

Fortuna Union High School District must provide parents an assessment plan within 10 days of the decision to conduct a functional behavior assessment (FBA).
The FBA must be conducted expeditiously after parents provide consent, followed by an IEP team meeting to review the results and develop or update a behavioral intervention plan.
The student must be returned to Fortuna High School unless the parties mutually agree to a different placement.

Why This Matters for Parents

A manifestation determination must look at the whole child — not just the IEP label. The district tried to limit the analysis to the exact words in the IEP. The ALJ made clear that the law requires a review of all relevant information, including teacher observations, parent reports, medical history, and any signs of mental health conditions — even if those conditions are not yet formally listed as a disability category.
Document and share every sign of mental health decline in writing before a crisis. In this case, counselors and teachers emailed each other about the student's depression and behavioral changes weeks before the incidents. That paper trail became critical evidence. If your child's behavior or mood is changing significantly, put your concerns in writing to the school.
You have the right to participate meaningfully in the manifestation determination meeting. Parents are members of the manifestation determination team. If the school presents a one-sided report and rushes to a conclusion, you can and should disagree — and you can appeal. Request a recording of the meeting if your state allows it, as the parents did here.
Medication changes and psychiatric events are relevant to a manifestation determination. If your child's medication was recently changed, or your child was recently hospitalized for mental health reasons, make sure the manifestation team knows. This information directly affects whether behavior is tied to a disability.
If you believe the manifestation determination was wrong, you can request an expedited due process hearing. The timeline is fast — a hearing must happen within 20 school days and a decision within 10 school days after that. Don't wait. File quickly and consider consulting a special education attorney, as the family did here.