Manifestation Determination

What is a manifestation determination?

 Within 10 school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, the district, parent, and relevant members of the student’s individualized education program (IEP) team must review all relevant information in the student’s file including the student’s IEP, any teacher observations, any relevant information provided by the parents to determine - 1. If the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability; or 2. If the conduct in question was the direct result of the district’s failure to implement the IEP. 34 C.F.R. § 300.530(e). The conduct must be determined to be a manifestation of the student’s disability if the district, the parent, and relevant team members of the student’s IEP team determine that the conduct in question was caused by, or had a direct and substantial relationship to the student’s disability, or the conduct in question was the direct result of the district’s failure to implement the IEP. 34 C.F.R. § 300.530(e)(2).

A manifestation determination must happen before initiating an expulsion or exclusion of a student with a disability (Minn. Stat. § 121A.43(d)) or following any decision to change the placement of a student with a disability because of a violation of a code of student conduct (34 C.F.R. § 300.530(e)).