Manifestation determination
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A manifestation determination is a review that decides whether a student's conduct was caused by the disability or by a failure to implement the IEP.
Topic: IDEA, law and procedure
In plain terms
When a school wants to remove a student with an IEP for more than 10 school days in a row, or a pattern of removals adds up to a change of placement, the school, the parent and relevant IEP team members must meet within 10 school days of the decision. If the conduct was caused by, or had a direct and substantial relationship to, the disability, or resulted from the IEP not being followed, it is a manifestation.
How it shows up in an IEP
If it is a manifestation, the team conducts a functional behavior assessment and writes or reviews the behavior intervention plan, and the student usually returns to the prior placement. Behavior data and records of whether supports were delivered are central to the review.
Example
A student with ADHD leaves class and damages a door after a schedule change. The team reviews ABC data, finds the BIP's transition warnings were not used, and determines it was a manifestation.
The rule
Federal reference: 34 CFR §300.530(e), 34 CFR §300.530(f).
Related terms
- Disciplinary removal (10-day rule)The 10-day rule limits how long a student with an IEP can be removed for discipline before IDEA protections such as services and a manifestation review apply.
- FBA (Functional Behavior Assessment)An FBA is a process for figuring out why a behavior happens, by studying when it occurs, what triggers it and what it gets or avoids for the student.
- BIP (Behavior Intervention Plan)A BIP is a written plan, based on an FBA, that describes how staff will prevent a behavior, teach a replacement skill and respond when the behavior happens.
- Stay putStay put is the IDEA rule that a child generally remains in the current educational placement while a due process complaint is pending.
- ABC dataABC data is a record of what happened just before a behavior (antecedent), the behavior itself, and what happened right after (consequence).
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