The team will review:

• all of the relevant information in the child’s file,


• the child’s IEP,


• any teacher observations, and


• any relevant information provided by the parent

Based on its review of all the relevant information, the group must determine if the conduct in question was:

1. caused by, or had a direct and substantial relationship to the child’s disability; or


2. the direct result of the school’s failure to implement the child’s IEP (34 CFR § 300.530(e)(1)).

To access the Manifestation Determination Review form through the IEP software system, go to the student's home page, select Add Action, then select Manifestation Determination.

Next Steps

If the school, the parent and other relevant members of the student's IEP team (as determined by the parent and school) determine that the student’s behavior was the direct result of the school’s failure to implement the IEP, the LEA must take immediate action to remedy those deficiencies.
If the school, the parent and other relevant members of the IEP team (as determined by the parent and school) determine that the student's behavior was a manifestation of the disability, the IEP team must:

• Return the student to the placement from which the student was removed, unless the parent and the school agree to a change of placement as part of the modification of the Behavioral Intervention Plan; and


• Either:
  
  • Conduct a Functional Behavioral Assessment, unless the school had conducted a Functional Behavioral Assessment before the behavior that resulted in the change of placement occurred, and implement a Behavioral Intervention Plan for the student; or
  
  
  • If a behavioral intervention plan already has been developed, review the Behavioral Intervention Plan, and modify it, as necessary, to address the behavior.

If it is determined that the student's behavior is a manifestation of the student's disability the student cannot be subject to a long-term removal for the behavior. However, the IEP team and the parents could agree to another setting.

If the IEP team determines the behavior was NOT a manifestation of the student's disability, the LEA may proceed with suspension and expulsion proceedings. Using these proceedings, school officials may remove a student with a disability if it is determined that:

• the conduct of the student violated the code of student conduct;


• the behavior was not a manifestation of the student's disability; and


• if the relevant disciplinary procedures applicable to students without disabilities are applied in the same manner and the discipline is for the same duration as would be applied to a student without disabilities.

A student with a disability must continue to receive educational services during the period of a long-term disciplinary removal. These services are determined by the IEP team and must enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP. If the IEP team determines it is appropriate, the student must receive a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur (34 CFR § 300.530(d)(1))

If the violation of the code of student conduct is not a manifestation of the student's disability, the LEA may transmit the special education and disciplinary records of the student to the school's disciplinary hearing officer for consideration in making the final determination in the disciplinary action. [Note: 34 CFR § 300.535 only requires transmittal of special education records to appropriate authorities when a crime has been reported.] Even if the school's disciplinary hearing officer determines that the student should be suspended or expelled, the LEA must continue to provide a FAPE for the student.