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MANIFESTATION DETERMINATION

MANIFESTATION DETERMINATION

Authorities:  34 C.F.R. Part 300; Texas Education Code
 
 
 
  FEDERAL AND STATE REQUIREMENTS
A manifestation determination must be made within 10 school days of any decision to make a DISCIPLINARY CHANGE OF PLACEMENT of the child with a disability because of a violation of a code of student conduct.
 
MEMBERSHIP AND MEETING
The manifestation determination must be made by the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE.
For children who are homeless or in substitute care, the local educational agency (LEA) must also provide notice to the child's educational decision-maker and case worker regarding manifestation determination reviews.
 
INFORMATION
The admission, review, and dismissal (ARD) committee must review all relevant information in the child's file including:
  • The child's individualized education program (IEP);
  • Any teacher observations; and
  • Any relevant information provided by the parents.
 
DETERMINATION
The conduct is a manifestation of the child's disability if the ARD committee determines that:
  • The conduct was caused by, or had a direct and substantial relationship to, the child's disability; or
  • The conduct in question was the direct result of the LEA's failure to implement the IEP.
If the committee determines that the conduct is a manifestation of the child's disability, the LEA must comply with the WHEN BEHAVIOR IS A MANIFESTATION framework.
If the committee determines that the conduct is not a manifestation of the child's disability, the LEA must comply with the WHEN BEHAVIOR IS NOT A MANIFESTATION framework.
  Last Updated : Mon, Jan 29, 2018