and How is it Conducted?
(Required by IDEA97 - Pertains to educational law in the United States)
-If school personnel wish to impose a change of placement or suspensions amounting to more than 10 days (a youngster with a disability cannot be "expelled"), a "manifestation determination" must be conducted not later than 10 days after disciplinary action.
-It is a process conducted by the IEP team (along with other necessary qualified personnel) to investigate whether there is a relationship between the student's action(s) of concern and his/her disability. The team must decide whether the student's action(s) were a reflection of his/her disability or perhaps the result of it.
-If there is no relationship, the student may be disciplined (including
suspension & "expulsion"...services must still be provided) in the
same manner as non-disabled students. However:
-the school district must provide FAPE
(free
and appropriate publicly funded education)
-if parents disagree, an expedited
due process hearing must be
arranged
(student
remains in IAES during hearing) unless:
- the parents and school agree on another setting
-the 45 days in an IAES (interim alternative
educational setting) expire
?How would our IEP team arrive at it's MD decision?
1. Collect and consider relevant information regarding the incident.
-interview involved
parties
-interview witnesses
-gather other evidence
(e.g.,
items, videotapes, police reports, etc.)
2. Review relevant information already gathered:
-evaluation/observation
results
-data gathered
by teachers/evaluators
-other information
in student's folder
The IEP team must then answer
four questions: 1.
2.3.4.
1. Were the services, goals, strategies, and placements identified
in the IEP appropriate?
2. If so, were the components/requirements of the IEP provided and
implemented as
written?
3. Did the disability impair the student's ability to comprehend
the impact and
consequences of his/her
behavior?
or
4. Did the student's disability impair his/her ability to control
his/her behavior in the
situation in question?
ANALYSIS OF THE FOUR QUESTIONS
If the answer to question(s) 1 and/or 2 are "no", the
blame falls on the school. They may,
however, designate a
more restrictive placement for the student.
If the answers to questions 1 & 2 are "yes" and the answers to
questions 3 & 4 are "no",
there is NO
manifestation of the disability (the behavior was not
a result of the disability).
The student is subject to the same discipline
as used for non-disabled students. Those
who receive services under section
504 (of the Rehabilitation Act of 1973) or ADA
(Americans with Disabilities
Act), but NOT IDEA 97, may be expelled
and denied
special education services.
What
if a youngster who exhibited inappropriate/dangerous behavior was a youngster
with a disability who just wasn't identified as being such?
-Students who violate conduct codes CAN
claim IDEA protections if:
1. the parents previously expressed concerns
in
writing to the LEA (local education
agency...the school district)
2. the student's behavior or performance indicated
a need for services
3. a teacher requested an evaluation or assistance
regarding the behavior pattern
4. teachers (or other personnel) expressed
concern about behavior to other professionals
If an evaluation is requested during the time
when the youngster is undergoing disciplinary action, the student remains
in current placement until the results of an expedited evaluation are available.
* So what do some experts in the field think about "manifestation determination" assessment? ...... "There are no empirically validated methods to make this determination. It may be empirically & theoretically impossible to make a manifestation determination." (Katsiyannis & Maag, 1998)
So we may be required to do it even though it's not possible. 
Go figure.
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