Manifestation Determination

Manifestation Determination ARD Committee Meeting

What's Required

Within 10 school days of any decision to change the placement of a student with a disability, the LEA, the parent and relevant members of the student’s IEP Team (as determined by the parent and the LEA) must conduct a manifestation determination review (MDR). 34 CFR 300.530 (e). The committee must review all relevant information in the student's file, including: the student’s IEP, any teacher observations and any relevant information provided by the parents 300.530(e)(1)(i)1415(k)(1)(E)(i)(I)


The conduct is a manifestation of the child's disability if the committee determines that either one of the following conditions are met: if the conduct was caused by, or had a direct and substantial relationship to, the child's disability 300.530(e)(1)(i)1415(k)(1)(E)(i)(I); or If the conduct in question was the direct result of the LEA's failure to implement the IEP 300.530(e)(1)(i)1415(k)(1)(E)(i)(I) If conduct in question was found to be the direct result of the LEA’s failure to implement the IEP, immediate steps must be taken to remedy deficiencies. 34CFR 300.530(e)(3)


If the conduct in question involved drugs, weapons, or *serious bodily injury, the student may be removed for a period of up to 45 school days. *[As defined in 18 U.S.C. §1365(h)(3)]. School personnel may remove the student to an District Alternative Education Placement (DAEP) for no more than 45 school days without regard to whether the behavior is determined to be a manifestation of the student's disability. 34CFR 300.530(g). Proceed with process for manifestation determination review to determine if student can be held to regular disciplinary standards (i.e., longer than 45 days of school).


If the conduct in question involved bullying, harassment, and making hit lists, the student may not be disciplined until an admission, review, and dismissal committee meeting has been held to review the conduct TEC37.001 .


If the behavior is a manifestation of the student’s disability, the student must be returned to the placement from which the student was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavior intervention plan 34 CFR 300.530 (f)(2). Additionally, the IEP Team must either: (1) Conduct a functional behavioral assessment (FBA) for the behavior(s) causing the disciplinary action if not previously completed, and implement a behavioral intervention plan (BIP) developed for the student; or (2) If a BIP already had been developed, review the BIP, adjust and revise it, as necessary, to address the behavior 34CFR 300.530(f)(1).

If conduct in question was found to not be a manifestation of the student’s disability, relevant disciplinary procedures may be applied in the same manner and for the same duration as the procedures would be applied to students without disabilities. The services provided in the DAEP must allow the student to continue to receive educational services so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the student’s IEP; and receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not happen again. 34CFR 300.530(d)(1). The IEP Team determines the appropriate setting and services 34CFR 300.530(d)(5). Campus administrators should be mindful of the multiple interventions that can and should be used before considering any level of removal. Possible interventions to consider include but are not limited to conferences, detention, mentor program, referral to social services, and school/community work hours.

What To Do

A manifestation determination ARD meeting must be held when disciplinary action may result in a “change of placement”. Specifically an ARD meeting must be held:

  • when a student’s removal is for more than 10 days at a time; or

  • when a series of removals (for more than 10 days in a school year) constitutes a pattern of exclusion from the student’s current placement; or

  • when a student has committed a special circumstance offense (weapons, drugs/controlled substances/serious bodily injury).

The ARD committee must make a manifestation determination by looking for a direct and substantial relationship between the student’s disability (all disabilities) and the behavior(s) subject to disciplinary action. Manifestation determination form in ARD must be completed thoroughly as well as discussion noted clearly in the ARD summary. The following two standards must be considered to determine if the behavior is a manifestation of the student’s disability (or any suspected disability):

Standard 1: Based on the information presented to this committee, does there appear to be a direct and substantial relationship between the incident in question and the student’s disability? (If the committee is having difficulty answering this question, ask them to consider the behavior in question across settings and over time. If the answer is yes that the same or similar behavior occurs both across settings and over time, then there very likely is a relationship between the incident in question and the disability.)

Standard 2: Is the behavior subject to disciplinary action a direct result of failure of the school to implement the IEP. (IE: Did the student engage in this (these) behavior because the Special Education services and behavior intervention strategies identified in the student’s IEP or his/her placement were NOT being followed?)

If either of the standards is met, the behavior is considered to be a manifestation of the student’s disability.

IF the standards are NOT met, the behavior is not a manifestation of the disability and the same discipline procedures applied to non-disabled students may be used (with the exception that free appropriate public education (FAPE) must be provided after a total of 10 days of removal from IEP).

If the behavioral infraction falls into a special circumstance category, student may be removed to an alternative educational setting for not more than 45 days without regard to behavior being a manifestation of the disability. The ARD committee makes recommendations for appropriate specially designed instruction should removal be assigned by removal hearing.

  • Student carried or possessed a weapon?

  • Student knowingly possessed, solicited the sale of, or used illegal drugs on school premises, or at a school function?

  • Student inflicted serious bodily injury upon another person at school, on school premises, or at a school function?

Protection for Students Not Yet Determined Eligible

If the school had knowledge that the student was a student with a disability before the behavior that resulted in the disciplinary action, then the student has all the rights and protections that a student with a disability would have under the IDEA (34 CFR 300.534).

A school is considered to have prior knowledge if:

  1. the parent expressed concerns in writing to an administrator or teacher that the student is in need of special education and related services;

  2. the parent requested an evaluation of the student in accordance with IDEA; or

  3. a teacher of the student or other school personnel expressed specific concerns about a pattern of behavior demonstrated by the student directly to the special education evaluator or other supervisory personnel ((34 CFR 300.534 (b)).


A school is considered not to have prior knowledge if:

  1. the parent has refused to consent to an IDEA evaluation;

  2. the parent refused IDEA services with regard to the student; or

  3. the child student has been evaluated and determined not to be eligible for special education services ((34 CFR 300.534 (c)).


If a school does not have knowledge that a child is a child with a disability prior to taking disciplinary measures against the child, the child may be subjected to the disciplinary measures applied to children without disabilities who engage in comparable behaviors. If the parent requests an evaluation of the student during the time period in which the student is subjected to disciplinary measures, the evaluation must be conducted in an expedited manner. Until the evaluation is completed, the student remains in the educational placement determined by school authorities, which can include suspension or expulsion without educational services. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by the school and information provided by the parents, the school must provide special education services and related services in accordance with this part, including the requirements of ((CFR 300.530 through CFR 34 300.536 and Section 612(a) (1)(A) of IDEA).