MANIFESTATION DETERMINATION

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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 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 LEA’s failure to implement the IEP.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

Texas Education Code § 37.004. Placement of Students with Disabilities.  

. . . 
(b)  Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. Section 1415(k)(4) and its subsequent amendments.  Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:
. . .                                   
(4)  the manifestation determination review.                                    
. . . 


Last Amended:   78th Leg., ch. 1276, Sec. 6.006, eff. Sept. 1, 2003
87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 3, eff. June 4, 2021
Entered:  October 22, 2021

Texas Education Code § 37.0022. Removal by School Bus Driver. 

(a) The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal’s office to maintain effective discipline on the school bus. The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.001.

(b) Section 37.004 applies to any placement under Subsection (a) of a student with a disability who receives special education services.  

Last Amended: 83rd Leg., R.S., ch. 487, Sec. 2, eff. June 14, 2013
Entered: July 29, 2013
SBS

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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 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 LEA’s failure to implement the IEP.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

Texas Education Code § 37.004. Placement of Students with Disabilities.  

. . . 
(b)  Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. Section 1415(k)(4) and its subsequent amendments.  Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:
. . .                                   
(4)  the manifestation determination review.                                    
. . . 


Last Amended:   78th Leg., ch. 1276, Sec. 6.006, eff. Sept. 1, 2003
87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 3, eff. June 4, 2021
Entered:  October 22, 2021

Texas Education Code § 25.007. Transition Assistance for Students Who are Homeless or in Substitute Care. 

. . . 
(b) In recognition of the challenges faced by students who are homeless or in substitute care, the agency shall assist the transition of students who are homeless or in substitute care from one school to another by:
. . . 
(10) requiring school districts, campuses, and open-enrollment charter schools to provide notice to the child's educational decision-maker and caseworker regarding events that may significantly impact the education of a child, including:
. . . 
(C) manifestation determination reviews required by Section 37.004(b);
. . . 


Last Amended: 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 3.01(2), eff. June 10, 2019
86th Leg., R.S., Ch. 781 (H.B. 1709), Sec. 1, eff. June 10, 2019

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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 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 LEA’s failure to implement the IEP.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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 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 LEA’s failure to implement the IEP.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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 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 LEA’s failure to implement the IEP.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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 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 LEA’s failure to implement the IEP.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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 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 LEA’s failure to implement the IEP.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
. . .   
    (2) The conduct must be determined to be a manifestation of the child’s disability if the LEA, the parent, and relevant members of the child’s IEP Team determine that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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 to determine—   
       (i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.530  Authority of school personnel.   

. . . 
(e) Manifestation determination. 
    (1) 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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 to determine—   
. . .    
       (ii) If the conduct in question was the direct result of the LEA’s failure to implement the IEP.   
. . . 


Last Amended:  71 FR 46798, Aug. 14, 2006
Entered:  June 9, 2009

OSERS Questions and Answers on Discipline Procedures, Q/A F-2 (Revised June 2009)