Within ten school days after the date on which the decision to change the placement is made the district shall conduct a “manifestation determination” of the relationship between the student’s disability and the behavior subject to the disciplinary action.

The review of the relationship between a student’s disability and the behavior subject to the disciplinary action shall be done in a meeting by the parent and relevant members of the IEP team who are selected by the parent and the district. The special education coordinator and IEP case manager will arrange the meeting and send notice to the parent. The team shall review all relevant information in the student’s file, including the IEP, teacher observations and information provided by the parents to determine:

1. If the conduct was caused by or had a direct and substantial relationship to the child’s disability; or
2. If the conduct in question was the direct result of the district’s failure to implement the student’s IEP.

If the team determines that the behavior met either of the above, the behavior must be considered a manifestation of the student’s disability.

If the team determines, specifically, that the conduct was the direct result of the district’s failure to implement the IEP, the district must take immediate action to remedy the deficiencies.

If the IEP team determines that the conduct was a manifestation of the student’s disability, the team must:

1. Conduct a functional behavioral assessment (unless already completed) and implement a behavioral intervention plan; or
2. Review the existing behavioral intervention plan and modify it to address the behavior; and
3. Return the child to the placement removed from unless the parents and the district agree a change is necessary, or unless the infraction involves drugs, weapons or bodily harm.

If the IEP team members described in the manifestation determination section determine that the behavior is not a manifestation of the student’s disability, the district may apply the same corrective actions that apply to students without disabilities. However, the student must continue to receive services to the extent necessary to enable the student to participate in the general curriculum, although in another setting, and to progress toward meeting the goals set out in the student’s IEP. The relevant IEP team members, selected by the parents and the district, shall determine appropriate services.

*See the Special Education Terms & Definitions page for more information.

Previous Section Discipline: Manifestation Determination Next Section

Back to Table of Contents