Manifestation Determination

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Explanation

Following a discipline code of conduct violation, under specific circumstances, the school must hold a meeting to determine if the behavior was a manifestation of the student's disability (Sec. 300.530).

When Is a Manifestation Determination Needed?

(A) Prior to an expulsion and (B) in the case of a "change of placement" — i.e., one of the following two circumstances:

More than 10 cumulative (i.e., 11) school days of removal (suspension) in the current school year (and following any additional removals)

...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

45 day placement

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).

A manifestation determination meeting must be held before a 45 day placement. E.g., Paul bring a knife to school, he is suspended, and the school team is considering expulsion. The school team holds a manifestation determination meeting before Paul returns to school. If the conduct was a manifestation, a 45 day placement can be made. If the conduct was not a manifestation, the district can proceed with an expulsion hearing.

Who Is Protected?

Students who are already receiving SpEd services or students who have a Section 504 plan.

The protections also apply to students who are "not yet eligible" for SpEd if... the school has knowledge that the student was a child with a disability before the conduct occurred.

Examples include:

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.

Monitoring Student Removals

In-School Suspensions (ISS) — or a Comparable Discipline Consequence

The ISS does not count as a day of removal ONLY IF the student:

Is afforded the opportunity to continue to appropriately participate in the general curriculum,
Continues to receive the services specified on the student’s IEP, and
Continues to participate with nondisabled students to the extent they would have in their current placement

Bus Suspensions

Does the student receive special transportation?

No = The bus suspension does not count as day(s) of removal.
Yes = The bus suspension does count — unless the district provides transportation in some other way (see FAQ below).

Enhanced Disciplinary Removal Tracker

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To help keep your tracker up to date, you can 🎥 get an automated weekly report of ISS/OSS days per student using Synergy

Meeting

What's the timeline?

When a manifestation determination meeting is required, it must occur within 10 school days of the school's decision to suspend the student — in nearly all cases, this is the date of the incident. The meeting should be held as soon as possible.

Who needs to attend?

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.

Facilitation

Any member of the school team can facilitate a manifestation determination meeting (e.g., case manager, School Psychologist). It depends on the circumstances (e.g., relationships with the family).

Your Behavior Services Coordinator or a SpEd administrator can also facilitate the meeting, which might occur if (examples):

School team is inexperienced with manifestation determination
Possibility of 45 day placement
District is considering expulsion

How should the school prepare for the meeting?

Before the formal meeting with the parent, the school team should review the incident in question, consider relevant data, and make a tentative determination regarding the two key questions that must be answered (see meeting guidance).

If school team members are unable to achieve consensus and have exhausted all efforts to do so, contact your Special Services Supervisor for assistance.

Always contact and consult a Behavior Services Coordinator prior to the meeting so that the Services Coordinator is aware of the case and able to offer input into planning the meeting.

What happens during the meeting?

The school must provide a copy/explanation of procedural safeguards.

The team must review all relevant information in the student’s file, including the IEP/BSP, any teacher observations, progress monitoring or evaluation information, and any relevant information provided by the parents.

Two key questions are answered:

If the conduct in question was caused by, or had a direct substantial relationship to, the student’s disability (NOTE: In this context, "disability" includes any educational needs identified in the student's evaluation — not just the disability category (e.g., SLD).
If the conduct in question was the direct result of the school’s failure to implement the IEP (NOTE: A BSP is an extension of the student's IEP).

The school district is responsible for making a unified determination and presenting it to the parent. It is not the parent’s role to make the manifestation determination. Prior to the formal meeting, the school team should review information and make a tentative determination regarding the two key questions.

During the formal manifestation determination meeting with the parent present, under no circumstances should the team be voting on the outcome or arguing amongst the school team regarding the outcome.

While it is not the parent’s role to make the manifestation determination, their input during the meeting must be carefully considered. If new information is introduced that significantly impacts the determination, the school team may need to pause the meeting to discuss or schedule a follow-up meeting in order to provide the school team with sufficient time to consider new information.

If the parents do not agree with the school's determination, they may request an expedited due process hearing to challenge it. 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, if parents object, the 45 day placement is the "stay put IEP" during dispute resolution.

The DPAL for Manifestation Determination walks through what paperwork to complete and file.

Following a manifestation determination meeting, the school team completes a Manifestation Determination Form in SpEd Forms (located under the "Other Forms and Logs").

The Manifestation Determination Form and meeting notes should both be printed, sent to the parent/guardian, and filed with the student's special education paperwork.

Manifestation Determination Agenda-Template

Copy Agenda Template

Manifestation Determination.pdf

Manifestation Determination Form

✋ Frequently Asked Questions

For even more detailed info., refer to MDE's FAQs on the Pupil Fair Dismissal Act or additional resources from MDE regarding discipline.

How do we make the determination? Should we vote?

The school district is responsible for making a unified determination and presenting it to the parent. It is not the parent’s role to make the manifestation determination. Before the formal meeting with the parent, the school team should review the incident in question, consider relevant data, and make a tentative determination. If school team members are unable to achieve consensus and have exhausted all efforts to do so, contact your Special Services Supervisor for assistance.

Can students with disabilities be expelled from school?

Yes, however a manifestation meeting must be held prior to a decision to determine if the behavior was a manifestation of the student's disability or not.

What if I suspend a student for more than 5 consecutive days?

If the suspension is longer than 5 days, the principal must provide the superintendent a reason for the longer suspension. Also, the IEP team must meet to determine how to provide Alternative Educational Services beginning on day 6 of the suspension.

What is the maximum days a student with a disability can be suspended from school?

No more than 10 consecutive school days. If a student is suspended longer than 5 consecutive days, the IEP team must meet to determine how to provide Alternative Educaitonal Services beginning on day 6 of the suspension.

If a student moves mid-year, do the suspensions at their prior district count towards their cumulative number of suspensions at their new school district?

Yes, the number of removals/suspensions continue and do not start over if the students transfers within the academic school year.

If the district suspends the student from special transportation, the district offers substitute transportation (a van), and the parent declines and says they want to transport the student themselves — does it still count as a day of removal?

If special transportation is in the IEP, the transportation is considered necessary for the student to obtain access to the location where SpEd services will be delivered; therefore, a bus suspension is treated as a removal (suspension) — unless the district provides the specialized transportation services in some other way. In this scenario, the district offered substitute special transportation (e.g., a van), and even if the parent declines it and transports the student themselves, the day would not be counted as a day of removal (i.e., not count toward Manifestation Determination).

FYI — if special transportation is not in the IEP, a bus suspension is not treated as a removal (suspension). In those cases, the student’s parent has the same obligations to get the student to and from school as a student without a disability who has been suspended from the bus. However, districts should consider whether the behavior on the bus is similar to behavior in a classroom that is addressed in the IEP and whether the student’s behavior on the bus should be addressed in the IEP/BSP for the student.

34 C.F.R. § 300.530(b); 71 Fed. Reg. 46715 (Aug. 14, 2006)

Does a student need a Mental Health Screening after a Manifestation Determination Meeting?

No. However, the school must offer to arrange a mental health screening for the student during the manifestation meeting.

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