Understanding Manifestation Determination Meetings: Ensuring Fairness in Discipline
What to Expect
Manifestation Determination Meetings:
A Manifestation Determination Meeting is required when a child with a disability faces disciplinary actions that may result in a change of placement, such as suspension or expulsion. The purpose of this meeting is to determine whether the behavior in question is related to the child’s disability or if it was a result of the school’s failure to implement the IEP as designed. The meeting must take place within 10 school days of the decision to remove the child from their current placement for more than 10 days.
Who Is Involved:
The IEP team, which includes parents, teachers, special education staff, and other relevant professionals, will participate in the meeting. The team will review the child’s behavior, the circumstances surrounding the incident, and the child’s IEP and behavioral plan. Parents are strongly encouraged to be involved and share their perspective to ensure a comprehensive review.
What Happens During the Meeting:
The IEP team will assess whether the child’s behavior was caused by or directly related to their disability. This could include evaluating whether the child was acting out due to their disability or if there were unmet needs in the current IEP that contributed to the behavior. If the behavior is determined to be a manifestation of the child’s disability, the child cannot be removed from their current placement, and the team will look for alternative behavioral interventions or adjustments to the IEP.
Outcomes
For Manifestation Determination:
If the behavior is found to be a manifestation of the child’s disability, the outcome is that the child cannot be disciplined in a way that changes their educational placement. The IEP team will work to modify the IEP to address the behaviors, ensuring that the child’s needs are met through appropriate interventions and support.
For Discipline Considerations:
If the behavior is not determined to be a manifestation of the child’s disability, the school may proceed with disciplinary actions, such as suspension or expulsion, following the same procedures used for students without disabilities. However, the child will still have the right to continue receiving educational services during their suspension or expulsion.
For Adjustments to the IEP:
Regardless of the determination, the IEP team may make adjustments to the child’s IEP to address the underlying behavioral issues. This could include modifying goals, adding new services, or providing additional support to ensure that the child’s needs are being met and to prevent future behavioral issues.
