Manifestation Determination


Published: Published: June 23rd, 2016

When does a manifestation determination meeting need to occur?

Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the school, the parent, and relevant members of the child’s IEP Team must conduct a manifestation determination. [34 C.F.R. § 300.530(e)(1)] A change of placement occurs if: (1) the student is removed for more than 10 consecutive school days, or (2) the student is subjected to a series of removals that constitute a pattern. [34 C.F.R. § 300.536] A manifestation determination is a meeting at which the school, parent, and relevant members of the child’s IEP team (as determined by the parent and the school) 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 in order to determine: (i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or (ii) If the conduct in question was the direct result of the [school’s] failure to implement the IEP.” [34 C.F.R. § 300.530(e)(1)]

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