MANIFESTATION DETERMINATIONS
We get many panicked calls from parents regarding disciplinary issues especially when their child has special needs and the parent believes that the behavior is related to the child's disabilities. If your child has special needs and a disciplinany incident occurs than the school must, as part of the IEP team process, convene a manifestation determination to determine whether or not your child's behavior was a manifestation of his or her disability. This can occur no later than 10 days when:
• The parent requests the meeting following a disciplinary incident.
• A student is suspended for
5 or more consecutive days.
• A student is suspended
for more than 10 cumulative days in a school year.
• A change in placement for more than 10 consecutive days is being sought for disciplinary reasons.
• Exclusion or expulsion is being considered.
Before the school holds this meeting, they must look a information such as evaluation and diagnostic results, observations, current IEP, placement information and other relevant information supplied by the parents.
As part of the discussion, the team must determine if the information gathered is sufficient information to make the determination. For instance, if your child's behavior has been difficult due to medication changes, they may need a note from the physician to have all the appropriate information. The school has needs to make a determination whether more information is going to be needed and whether there is a need for changes in the current IEP.
The IEP team at the Manifestation Determination must discuss the characteristics of the student’s disability. With limited exception the disciplinary change of placement may not continue or otherwise occur if the CCC determines that the student’s behavior is caused by a manifestation of the student’s disability, deficiencies in the student’s IEP or its implementation, or an inappropriate placement.
If the student’s behavior is not a manifestation of his or her disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner in which they would be applied to students without disabilities.
If the behavior is determined to be a part of the disability, the IEP team makes an appropriate plan to address some or all of the following areas (the student may not be expelled from the school system). This can include: 1) Conducting a new Functional Behavior Assessment to develop more effective behavior strategies, 2) Ensuring that the IEP is being implemented as needed; and 3) Providing more behavioral support.
If the parent disagrees with the school’s position that the behavior is not a manifestation of the student’s disability, the parent may request an expedited due process hearing. The due process hearing is expedited because an immediate change of placement is at stake. Parents also may request to have attorneys or their child "experts" such as pediatricians or pychologists present at the Manifestation Determination.