Manifestation Determination Requirements for IDEA Students

Within ten school days of any decision to change the placement of a student with a disability, the school system must conduct a manifestation determination. There are two exceptions: 1. School personnel may remove a student with a disability from the current placement for not more than ten school days to the extent such alternatives are applied to students without disabilities, or 2. School personnel may remove a student to an interim alternative education setting for not more than forty-five school days without regard to whether the behavior is determined to be a manifestation of the students disability, in cases of Special Circumstances involving weapons, illegal drugs or a controlled substance, or has inflicted serious bodily injury on a person, as further defined at 290-8-9-.09(1)(g). School personnel may consider any unique circumstances on a case-by-case basis when determining whether to order a change in placement for a student with a disability who violates a code of student conduct.

How?

The parent(s) and relevant IEP team (as determined by the parent(s) and the school system) meet to review the incident, all relevant information in the students file, the students IEP, any teacher observations, and any relevant information provided by the parent(s) to determine: 1. Was the conduct in question caused by or did it have a direct and substantial relationship to the students disability?

What questions does IDEA 04 require the IEP Team to answer?

2.

Was the conduct in question the direct result of the school systems failure to implement the IEP? If either is applicable to the student, the conduct is a manifestation of the students disability. When a behavior is determined to be a manifestation of the students disability, the IEP Team must conduct a functional behavioral assessment and implement a behavioral intervention plan, or review a behavior plan already initiated and modify it as necessary to address the behavior. If the student was removed, the student must be returned to the placement removed from unless the parent(s) and school system agree on a change of placement. For more information: contact the special education office at your local school system, or the Alabama Department of Education, Special Education Services, at (334) 242-8114.

Manifestation Determination Requirements 7/13/2005