Frameworks

WHEN BEHAVIOR IS A MANIFESTATION

Authorities: 34 CFR Part 300; Texas Education Code

Additional Resources

DOCUMENT/
PRACTICE

FEDERAL AND STATE REQUIREMENTS

CITATIONS

The local education agency (LEA) must comply with the DISCIPLINARY CHANGE OF PLACEMENT framework.

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 LEA to implement the individualized education program, the LEA must take immediate steps to remedy those deficiencies.

300.530(e)(3)

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, consistent with the DISCIPLINARY CHANGE OF PLACEMENT framework:

TEC 37.004(b)
300.530(f)(1)

Conduct a functional behavioral assessment (FBA), unless the LEA had conducted an FBA less than one year before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan (BIP) for the child; and

TEC 37.004(b-1)(1)(A)
300.530(f)(1)(i)

Review any previously conducted FBA of the child and any behavior improvement plan or BIP developed for the child based on that assessment; and as necessary:

TEC 37.004(b-1)(1)(B)
300.530(f)(1)(ii)

Develop a behavior improvement plan or BIP for the child if the child does not have a plan; or

TEC 37.004(b-1)(2)(A)

If the child has a behavior improvement plan or BIP, revise the child's plan.

300.530(f)(1)(ii)

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)

Special circumstances as provided in the SPECIAL CIRCUMSTANCES framework exist; or

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: Monday, May 16, 2022