Manifestation Determination
Manifestation Determination is used to determine whether or not the behavior that led to the discipline of a student such as a suspension or expulsion is linked to a student's disability. Manifestation Determination was added to Individuals with Disabilities Education Act (IDEA) in 1997. This law states that manifestation determination review will occur within 10 days of a violation. When a manifestation determination review is necessary, parents, local education agency (LEA), and relevant members of the individualized education plan team (IEPT) meet to determine a few things.
These include:
1. If the conduct was caused by or had a relationship to the child's disability.
2. If the conduct was caused by a failure to implement the child's IEP.
Once all of the students records and information is reviewed at the meeting, the manifestation determination review team makes a decision. The determinations can be a "Yes" or a "No".
If the team determines manifestation determination is a "Yes" :
- If the IEP is not being implemented, the LEA must make immediate steps to fix the situation.
- If the team decides that the behavior is related to the child's disability the team must consider a functional behavior
assessment (FBA) or behavior intervention plan (BIP).
If the team determines manifestation determination is a "No" :
- The school personnel will handle and apply disciplinary procedures in accordance with the school's handbook.
These include:
1. If the conduct was caused by or had a relationship to the child's disability.
2. If the conduct was caused by a failure to implement the child's IEP.
Once all of the students records and information is reviewed at the meeting, the manifestation determination review team makes a decision. The determinations can be a "Yes" or a "No".
If the team determines manifestation determination is a "Yes" :
- If the IEP is not being implemented, the LEA must make immediate steps to fix the situation.
- If the team decides that the behavior is related to the child's disability the team must consider a functional behavior
assessment (FBA) or behavior intervention plan (BIP).
If the team determines manifestation determination is a "No" :
- The school personnel will handle and apply disciplinary procedures in accordance with the school's handbook.
Other Resources
The below website and pdf's are ways in which to learn more about manifestation determination.
It includes more about what it is and a guide.
http://www.ldonline.org/article/6322/
http://www.oaisd.org/oaisd/departments/specialneedseducation/specialeducationproceduresrequirements/section7discipline/
It includes more about what it is and a guide.
http://www.ldonline.org/article/6322/
http://www.oaisd.org/oaisd/departments/specialneedseducation/specialeducationproceduresrequirements/section7discipline/
Manifestation Determination Case Study Page 1 | |
File Size: | 458 kb |
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Manifestation Determination Case Study Page 2 | |
File Size: | 476 kb |
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Manifestation Determination Guide | |
File Size: | 403 kb |
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Discipline Procedures | |
File Size: | 377 kb |
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