Within 10 school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, the student’s IEP team must meet to determine whether the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability or whether the conduct was a result of the district’s failure to implement the student’s IEP. These steps are referred to as a “manifestation determination.”
In making this determination, the district, the parent, and relevant members of the IEP team (as determined by the parent and the district), will review the student's IEP, the student's behavior intervention plan (BIP), any releelvant teacher observations, and any other information provided by the parents. Click here for Manifestation Determination Form.
Conduct IS a Manifestation of Student's Disability:
If the IEP team finds that the student’s behavior was caused by or had a direct and substantial relationship to the student’s disability, or that the behavior was a direct result of the district’s failure to implement the IEP, then the behavior is a manifestation of the student’s disability. In this case, if the student does not have a behavior intervention plan, the IEP team must conduct a functional behavioral assessment and implement a behavior intervention plan to address the behavioral violation. If the student already has a behavior intervention plan that addresses the conduct in question, the IEP team must review and modify it as necessary to address the behavior. The student must return to the placement from which the student was removed, unless the parent and the school district agree to a change of placement as part of the modification of the behavioral intervention plan. The school system does not have to return the student to the original placement if the student's behavior is related to weapons, drugs, or serious bodily injury as explained in special circumstances.
Conduct IS NOT a Manifestation of Student's Disability:
If the IEP team finds that the student’s behavior was not a manifestation of the student’s disability, the same disciplinary actions can be imposed on the student with a disability as those imposed on any student. If these actions include expulsion, the IEP team must determine how the student will continue to receive educational services that allow him or her to continue to participate in the general education curriculum and progress toward meeting the goals in the IEP. In addition, the IEP team, if appropriate, will conduct a functional behavior assessment and develop a behavior intervention plan.