When a student eligible under special education receives disciplinary action, the school must meet to determine if the student's conduct was a manifestation of their disability before a significant change in their placement may occur.
A manifestation determination review must occur within 10 school days of any decision to change the placement of a child with a disability.
Steps
To conduct a Manifestation Determination Review:- Create a Prior Written Notice.
- Select Change of placement for disciplinary reasons as the type of action taken.
- Share the document with the parents and provide them with a copy of Procedural Safeguards.
- Mark the document complete.
- Create a Parent Invitation.
- Select To discuss disciplinary matters as the purpose for meeting.
- Provide meeting information.
- Share the document with the parents.
- When the parents respond, mark the document complete.
- Create a Manifestation Determination Review.
- The IEP team members should meet with the parents to review information and make a determination.
- A Manifestation Determination Review Worksheet can be helpful when reviewing relevant information.
- Once a decision is made, complete the document.
If the student's conduct was not a manifestation of their disability, the district may apply relevant disciplinary procedures in the same manner as students without a disability.
If the student's conduct was a manifestation of their disability:
- The district must remedy any deficiencies in implementing the IEP.
- The district must either conduct a functional behavioral assessment and develop a behavioral intervention plan, or review and modify the existing plan as needed.
- Return the child to placement unless the parents and district agree to a different placement.