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DISCIPLINE -Statute

2. Establishes a new standard for manifestation determinations.
Except for children with disabilities who have been suspended for not more than 10 days, within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the local education agency (LEA), the parent, and relevant members of the individualized education program (IEP) team (as determined by the parent and LEA) shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine if the conduct in question was:
  • Caused by, or had a direct and substantial relationship to, the child's disability; or
  • The direct result of the LEA's failure to implement the IEP.
[615(k)(1)(E)(i)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why is it important to have a new standard for manifestation determination?


  2. IDEA 2004 talks about considering whether the IEP has been implemented when making the manifestation determination. How could this change impact the relationship between parents and the school?


  3. How might the various stakeholder groups respond to the new change in manifestation determination?


  4. How does school climate contribute to supporting positive behavior in the school?


Application Questions

  1. What process is used to determine what information is relevant to the discussion of manifestation determination?


  2. Who should be involved in these discussions?


  3. How will this new provision impact the monitoring of the IEP implementation?


  4. What are the barriers to implementing this new provision and what strategies might address these barriers?


    These questions were developed by the following stakeholders working together:


    Role: Related service provider
    Location: Illinois

    Role: Teacher
    Location: Washington, DC

    Role: Administrator
    Location: Maryland

    Role: State education agency
    Location: Michigan

    Role: School Psychologist
    Location: Alaska