What Is a "Manifestation Determination

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The Answer is A "manifestation determination" is a process used in the United States educational system to determine whether a student with a disability's misconduct is directly related to their disability. This process is required by the Individuals with Disabilities Education Act (IDEA), which ensures that students with disabilities receive a free appropriate public education (FAPE) and are not inappropriately disciplined for behavior that is a manifestation of their disability.

When a student with a disability engages in behavior that violates a school's code of conduct, the school must conduct a manifestation determination review (MDR) before applying any disciplinary action that would change the student's current educational placement for more than 10 consecutive school days. This review must take place within 10 school days of the decision to change the student's placement due to disciplinary action.

During the manifestation determination, the student's Individualized Education Program (IEP) team, which includes the student's parents, teachers, and other relevant professionals, convenes to review all relevant information and answer two primary questions:

1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the student's disability?
2. Was the conduct the direct result of the school's failure to implement the IEP?

If the answer to either question is "yes," then the behavior is considered a manifestation of the student's disability. In such cases, the student cannot be disciplined in the same manner as a student without a disability would be for the same behavior. Instead, the IEP team must either conduct a functional behavioral assessment (unless one has already been conducted) and implement a behavioral intervention plan for the student, or review and modify the existing behavioral intervention plan if one is already in place. The goal is to address the behavior while ensuring the student continues to receive FAPE.

If the answer to both questions is "no," the behavior is not considered a manifestation of the student's disability, and the school may apply the same disciplinary measures that it would use with students without disabilities, in accordance with the school's code of conduct. However, even in such cases, the school must continue to provide educational services to the student so they can continue to participate in the general education curriculum and progress toward meeting their IEP goals.

What Is a "Manifestation Determination

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