When a student enrolled in Special Education receives a disciplinary change of placement, a review must be conducted within 10 school days of the disciplinary action to determine if the behavior was a result of the student's disability.
- Send an Invitation to Participate in the IEP Team Meeting or Other Meeting to the parents.
- For the purpose of the meeting, you can select Other and indicate it is for a manifestation determination review or to discuss disciplinary matters.
- Create a Manifestation Determination Worksheet.
- Provide background information and review all relevant information in the student's file.
- This includes the student's IEP. You may amend the IEP in order to document the review.
- Make a determination about whether or not the conduct in question was:
- Caused by the student's disability or had a direct and substantial relationship to the student's disability.
- The direct result of the LEA's failure to implement the IEP.
- Make a determination about whether or not the behavior was a manifestation of the student's disability.
- If the answer to either is Yes, the behavior must be considered a manifestation.
- Have the parent sign the document.
- Mark the document complete.
If the behavior was not a manifestation of the student's disability, the LEA can apply relevant disciplinary action as they would for a student without disabilities.
If the behavior was a manifestation of the student's disability, the LEA must conduct a Functional Behavior Assessment (FBA) and develop a Positive Behavior Support Plan (PBIP), or review the existing PBIP and modify it as needed if the student already has one.