The procedure for a manifestation determination under the Individuals with Disabilities Education Act (IDEA) involves a specific process to ascertain whether a student's behavior that led to disciplinary action is a result of their disability. Here’s a detailed breakdown:
Timing: The manifestation determination must take place within 10 school days of any decision to change the student’s placement due to disciplinary infractions.
Participants:
Local Education Agency (LEA): Representatives from the LEA are required to participate.
Parents: They are crucial participants in the process.
Relevant Members of the IEP Team: This includes any member whose input is considered necessary by both the parents and the LEA.
Review Process:
The IEP team and other qualified professionals review all relevant information in the student’s file, including the IEP, any teacher observations, and any relevant information provided by the parents.
The team considers whether the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability.
They also determine if the conduct was the direct result of the LEA’s failure to implement the IEP.
Outcomes:
If the Behavior Is a Manifestation of the Disability: If the team determines that the behavior was related to the disability, the student cannot be moved from their current educational placement (except in cases where specific exceptions apply, such as weapons, drugs, or serious bodily injury). The IEP team must then conduct a functional behavioral assessment (unless one has already been conducted) and implement a behavioral intervention plan, or review and modify the existing plan as necessary to address the behavior.
If the Behavior Is Not a Manifestation of the Disability: The school may apply the same disciplinary procedures that are applied to children without disabilities, which could include a change in placement or suspension for more than 10 school days.
Special Circumstances:
For behaviors involving weapons, drugs, or serious bodily injury, schools may place a student in an interim alternative educational setting for up to 45 school days, regardless of whether the behavior was a manifestation of the student’s disability.
This process ensures that students with disabilities are not inappropriately disciplined for behavior related to their disabilities while maintaining safety and order in schools.
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