Manifestation 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.

Staff must keep track of students' suspensions to know if a Manifestation Determination is required. The best practice is to have a meeting even before the threshold is met if a behavior concerns (i.e. multiple physical holds required) in order to review the BIP and program approaches.

In-School Suspensions (ISS): If the special education student is afforded the opportunity to continue to appropriately participate in the general curriculum, continue to receive the services specified on the student’s IEP, and continue to participate with nondisabled students to the extent they would have in their current placement, then ISS would not be considered a part of the days of removal.

Bus Suspensions: If the bus transportation were a part of the student’s IEP (i.e., special transportation), a bus suspension would be treated as a suspension unless the district provides transportation in some other way. If bus transportation is not addressed in the student’s IEP, a bus suspension is not a suspension.

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.

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.