WHEN BEHAVIOR IS A MANIFESTATION  
 
Authorities:  34 C.F.R. Part 300; Texas Education Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P If the admission, review, and dismissal (ARD) committee determines in a MANIFESTATION DETERMINATION review that the conduct was the direct result of the failure of the local educational agency (LEA) to implement the individualized education program, the LEA must take immediate steps to remedy those deficiencies. 300.530(e)(3)

D If the ARD committee determines in a MANIFESTATION DETERMINATION review that the conduct was a manifestation of the child's disability, the ARD committee must either: 300.530(f)(1)
TEC 37.004(b)

D
  • Conduct a functional behavioral assessment (FBA), unless the LEA had conducted an FBA before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan (BIP) for the child; or
300.530(f)(1)(i)

D
  • If a BIP already has been developed:
300.530(f)(1)(ii)

D
    • Review the BIP; and
300.530(f)(1)(ii)

D
    • Modify it, as necessary, to address the behavior.
300.530(f)(1)(ii)

D If the ARD committee determines in a MANIFESTATION DETERMINATION review that the conduct was a manifestation of the child's disability, the ARD committee must also return the child to the placement from which the child was removed, unless: 300.530(f)(2)

P

D
  • The parent and the LEA agree to a change of placement as part of the modification of the BIP.
300.530(f)(2)

 
 
Last Updated: Wednesday, April 19, 2017