WHEN BEHAVIOR IS A MANIFESTATION

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. 
. . .  
    (3) If the LEA, the parent, and relevant members of the child’s IEP Team determine the condition described in paragraph (e)(1)(ii) of this section was met, the LEA must take immediate steps to remedy those deficiencies.   
. . . 


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:
(1)  functional behavioral assessments;
(2)  positive behavioral interventions, strategies, and supports;
(3)  behavioral intervention plans;  and
(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

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

. . . 
(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team must—   
    (1) Either—   
       (i) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or   
       (ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and   
. . . 


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

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

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

. . . 
(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team must—   
    (1) Either—   
       (i) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or   
. . . 


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

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

. . .
(b-1)  If a school district takes a disciplinary action regarding a student with a disability who receives special education services that constitutes a change in placement under federal law, the district shall:
(1)  not later than the 10th school day after the change in placement:
. . .
(B)  review any previously conducted functional behavioral assessment of the student and any behavior improvement plan or behavioral intervention plan
developed for the student based on that assessment; and . . .

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: November 11, 2021

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

. . . 
(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team must—   
    (1) Either—   
. . .   
       (ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and   
. . . 


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

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

. . .
(b-1)  If a school district takes a disciplinary action regarding a student with a disability who receives special education services that constitutes a change in placement under federal law, the district shall:
. . .
(2)  as necessary:
(A)  develop a behavior improvement plan or behavioral intervention plan for the student if the student does not have a plan; or
. . .

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

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

. . . 
(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team must—   
    (1) Either—   
. . .   
       (ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and   
. . . 


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

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

. . . 
(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team must—   
. . . 
    (2) Except as provided in paragraph (g) of this section, return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.   
. . . 


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

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

. . . 
(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team must—   
. . . 
    (2) Except as provided in paragraph (g) of this section, return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.   
. . . 


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

OSERS Questions and Answers on Discipline Procedures, Q/A E-1 (Revised June 2009)