MANIFESTATION DETERMINATION REVIEW

1. When must a school conduct a manifestation determination review?

When a disciplinary action involving a change of placement for more than 10 consecutive or cumulative school days in a school year is contemplated for a classified student, because he/she engaged in behavior that violated any rule or code of conduct of the district that applies to all children:

a. The parents shall be notified of that decision and of all procedural safeguards accorded, not later than the date on which the decision to take that action is made; and

b. Immediately, if possible, but in no case later than 10 school days after the date on which the decision to take that action is made, a review shall be conducted of the relationship between the child's disability and the behavior subject to the disciplinary action.

 

2. Who carries out the manifestation review and what must be considered?

The district representative, the parent, and relevant members of the IEP Team (as determined by the parent and the district representative) shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine--
 

a. if the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or
 

b. if the conduct in question was the direct result of the local educational agency's failure to implement the IEP.

 

3. When must the IEP team consider a behavior as a manifestation of the student's disability?

If the district representative, the parent, and relevant members of the IEP Team determine that either the conduct in question was:

a. Caused by, or had a direct and substantial relationship to, the child's disability; or
 

b. The direct result of the district's failure to implement the IEP.

 

4. When must the IEP Team determine that the behavior of the child was not a manifestation of such child's disability? 

If the district representative, the parent, and relevant members of the IEP Team determine that either the conduct in question was not:

a. Caused by, or had a direct and substantial relationship to, the child's disability; or
 

b. The direct result of the local educational agency's failure to implement the IEP.

 

5. What happens if the manifestation review determines that the studentís misbehavior was a manifestation of their disability?

The IEP Team shall--
 

a. Conduct a functional behavioral assessment, and implement a behavioral intervention plan for such child, provided that the local educational agency had not conducted such assessment prior to such determination before the behavior that resulted in a change in placement;
 

b. In the situation where a behavioral intervention plan has been developed, review the behavioral intervention plan if the child already has such a behavioral intervention plan, and modify it, as necessary, to address the behavior; and
 

c. Return the child to the placement from which the child was removed, unless the parent and the local educational agency agree to a change of placement as part of the modification of the behavioral intervention plan.
 

 

6. What happens if the manifestation review determines that the studentís misbehavior was not a manifestation of their disability?

a. The relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner in which they would be applied to

children without disabilities. 

 

b. If the district initiates disciplinary procedures applicable to all children, the district shall ensure that the special education and disciplinary records of the child with a

disability are transmitted for consideration by the person or persons making the final determination regarding the disciplinary action.

 

7. What actions must occur after the manifestation review?

a. If the student's behavior is a manifestation of their disability, the IEP must be reviewed and revised as appropriate.

 

b. If the student's behavior is not a manifestation of their disability, disciplinary action may be taken, but Newark must continue to make FAPE available to the student.

 

8. Can the parent (s) or district appeal the manifestation decision and subsequent disciplinary action (s)?

The parent of a child with a disability who disagrees with the manifestation determination, or if the district believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others, may request a hearing.

 

9. What decisions does the Hearing Officer make when an appeal is made:

a. Return a child with a disability to the placement from which the child was removed; or
 

b. Order a change in placement of a child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others.

 

10. Where is the student placed during the appeals?

When a parent requests a hearing regarding a disciplinary action or to challenge the interim alternative educational setting or the manifestation determination, the child shall:

a. Remain in the interim alternative educational setting pending the decision of the hearing officer or

 

b. Until the expiration of the time period whichever occurs first, unless

 

c. The parent and the State or local educational agency agree otherwise.

 

10. What happens if a classified student commits a crime?

School officials can report crimes committed by children with disabilities to appropriate law enforcement authorities to the same extent as they do for crimes committed by non-disabled students. 

 

PREVENTING AND ADDRESSING CHALLENGING BEHAVIOR

Revised on October 15, 2005

 

Newark Teachers Union

Newark Public Schools

Statewide Parent Advocacy Network