Mainfestation Determination

Circumstances That Require Manifestation Determination

Following a discipline code of conduct violation, under specific circumstances, the school must hold a meeting to determine if the behavior that resulted in the violation was a manifestation of the student's disability (Sec. 300.530). In this context, "disability" does not refer exclusively to the student's disability category (e.g., Specific Learning Disability)—it includes any educational needs identified in the student's evaluation.

Manifestation determination is necessary (1) prior to the commencement of an expulsion and (2) in one of the following two circumstances, which are both considered to constitute a change of placement:

1. A series of removals totals more than 10 school days in a school year when the series of removals constitute a pattern because the student’s behavior is substantially similar across incidents and because of such additional factors as the length of each removal, the total amount of time the student has been removed, and the proximity of the removals to one another

2. A placement of up to 45 school days in an interim alternative educational setting, which may occur in one of the following three circumstances. At school, on school premises, or at a school function, the student...

   • Uses a weapon, which is defined as a “dangerous weapon” and must be an item readily capable of causing death or serious bodily injury. For example, per the definition, a pencil is not a dangerous weapon. The definition specifically does not include pocket knives with blades of less than 2½ inches in length (paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code).

   • Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance. This includes a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

   • Has inflicted "serious bodily injury" upon another person, which is defined as bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty (paragraph (3) of subsection (h) of section 1365 of title 18, United States Code).

Who Is Protected

In addition to students who are already eligible and receiving special education services, these IDEA protections also apply to students "not yet eligible" if the school has knowledge that the student was a child with a disability before the conduct occurred. There is a basis of knowledge if, for example:

• The parent expressed concern in writing that the student needed special education.

• The parent requested an evaluation.

• Staff expressed concern about a pattern of behavior to the director of special education or other supervisor.

IDEA protections are not available if:

• The parent did not allow for a special education evaluation.

• The parent refused special education services.

• The student was evaluated for special education services and did not qualify.

When circumstances require a manifestation determination meeting, the meeting should be held as soon as possible but must occur within 10 school days of the discipline violation.

Who Needs to Attend the Meeting?

IDEA 2004 is clear that the manifestation determination team should include:

• A district representative

• Parent/guardian(s)

• Relevant members of the student’s IEP team. The statute indicates that the district and parents should work together to determine which IEP team members are "relevant" and should be invited to the meeting.

Manifestation determination meetings are facilitated by the Special Education Coordinator, and these individuals are typically already involved in student cases by the point where a manifestation determination is needed. However, if this is not the case, contact your Special Education Coordinator immediately.

What Happens During the Meeting?

The school must provide the parents with a copy/explanation of their procedural safeguards. The team must review all relevant information in the student’s file, including the student’s IEP, any teacher observations, progress monitoring or evaluation information, and any relevant information provided by the parents. Given the information, the team needs to determine:

1. If the conduct in question was caused by, or had a direct substantial relationship to, the student’s disability

2. If the conduct in question was the direct result of the school’s failure to implement the IEP

If the parents do not agree with the school's determination, they may request an expedited due process hearing to challenge that determination. The district and parents may also agree to attempt conciliation, mediation, or some other alternative to a hearing to resolve the dispute. In the case of a 45 day placement (after one of the three circumstances listed above), if parents object, the 45 day placement is the stay put IEP during dispute resolution.

Following a manifestation determination meeting, the school team completes a Manifestation Determination Form in SpEd Forms. The (1) Manifestation Determination Form and (2) meeting notes should both be printed, sent to the student's parent(s)/guardian(s), and filed with the student's special education paperwork.