Discipline & Manifestation Determination

Idaho Special Education Manual, p. 216-217

Manifestation Determination Flowchart

Discipline Flowchart

Student Removal Quick Guide

A manifestation determination by the parent/adult student and relevant IEP team members (as determined by the district and parent/adult students) involves a review of the relationship between the student’s disability and the behavior subject to disciplinary action.

A. Actions Involving a Manifestation Determination

When a disciplinary action results in a change of placement or placement in an IAES, the district will take the following actions:

1. The parent/adult student will be notified of the disciplinary action and provided with a copy of the Procedural Safeguards Notice not later than the date on which the decision to take disciplinary action is made.

2. A meeting will be held no later than ten (10) school days after the date on which the decision to take disciplinary action is made. This meeting will include the district, the parent/adult student, and other relevant members of the IEP team (as determined by the parent and the district). The purpose of the meeting is to review all relevant information in the student’s file including:

   • • the student’s IEP;

     • any teacher observations; and

     • any relevant information provided by the parent/adult student.

3. Based on a review of the information, the district, parent, and relevant members IEP team as determined by the parent and the district, will determine if the conduct in question was:

a. caused by or had a direct and substantial relationship to the student’s disability; or 

b. the direct result of the district’s failure to implement the IEP (if so, the deficiencies must be immediately remedied).

If the district, parent, and relevant members of the IEP team find that either a or b above is true, the student’s behavior will be determined to be a manifestation of his or her disability.

B. When Behavior Is a Manifestation of the Disability

If a student’s behavior is determined to be a manifestation of his or her disability, relevant members of the IEP team, as determined by the parent and district, will:

1. conduct an FBA and implement a BIP for the student if the district had not conducted such an assessment prior to the behavior that resulted in a change in placement;

2. review the BIP if one had previously been developed and modify it as necessary to address the behavior;

3. return the student to the placement from which he or she was removed, unless the parent and district agree in writing to a change of placement as part of the modification of the BIP.

If there were grounds to place a student in an IAES, the student may remain in the IAES even if there was a manifestation.

C. When Behavior Is Not a Manifestation of the Disability

If the IEP team, (relevant members determined by the parent and the district), determines that the student’s behavior was not a manifestation of his or her disability, the same disciplinary procedures applicable to students without disabilities, including long-term suspension or expulsion, may be applied to the student with a disability. The district will forward special education and disciplinary records for consideration to the board of trustees, which makes the final decision regarding the disciplinary action.

Even if the disciplinary action is to suspend or expel, the following provisions shall be met:

1. Educational services cannot cease for more than ten (10) school days in a school year. Educational services shall be provided to the extent necessary to allow the student with a disability to continue to participate in the general education curriculum and the opportunity to advance toward achieving the goals set out in his or her IEP.

2. An IEP team shall convene to develop an IEP that specifies what special education and related services will be provided during the period of suspension or expulsion.

Note: Manifestation Determination meetings must be held for students who are chronically absent in addition to those students that are facing a disciplinary action or change of placement. Chronic absenteeism triggers Child Find and a potential need to evaluate.