MANIFESTATION DETERMINATION  
 
Authorities:  34 C.F.R. Part 300; Texas Education Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
D 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. 300.530(e)(1)
TEC 37.004(b)(4)
TEC 37.0022

MEMBERSHIP AND MEETING


D The manifestation determination must be made by the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE. 300.530(e)(1)
TEC 37.004(b)(4)

INFORMATION


D The admission, review, and dismissal (ARD) committee must review all relevant information in the child's file, including: 300.530(e)(1)

D
  • The child's individualized education program (IEP);
300.530(e)(1)

D
  • Any teacher observations; and
300.530(e)(1)

D
  • Any relevant information provided by the parents.
300.530(e)(1)

DETERMINATION


P The conduct is a manifestation of the child's disability if the ARD committee determines that: 300.530(e)(1)
300.530(e)(2)

D
  • The conduct was caused by, or had a direct and substantial relationship to, the child's disability; or
300.530(e)(1)(i)

D
  • The conduct in question was the direct result of the local educational agency's (LEA's) failure to implement the IEP.
300.530(e)(1)(ii)

P 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.

P 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: Wednesday, April 19, 2017