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DISCIPLINE - Regulations

7. Establish a new standard for manifestation determinations.

Within ten 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 LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must 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
  • If the conduct in question was the direct result of the LEA’s failure to implement the IEP.
The conduct must be determined to be a manifestation of the child’s disability if the LEA, the parent, and relevant members of the child’s IEP Team determine that a condition in either 34 CFR 300.530(e)(1)(i) or (1)(ii) was met.
[34 CFR 300.530(e)(1) and (2)] [20 U.S.C. 1415(k)(1)(E)]

If the LEA, the parent, and relevant members of the child’s IEP Team determine the condition described in 34 CFR 300.530(e)(1)(ii) was met, the LEA must take immediate steps to remedy those deficiencies.
[34 CFR 300.530(e)(3)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. What training do school personnel receive regarding the special considerations needed to understand the key elements of various disabilities to determine if the behavior is related to the disability? Do you believe this has been sufficient and effective in the past?


  2. What does your school currently do to ensure that the IEP is implemented as written? Do you believe this has been sufficient and effective in the past?


  3. How does your school currently maintain the data required to meet this provision? Do you believe this has been sufficient and effective in the past?


  4. What data are being collected to measure the effectiveness of behavioral interventions? Do you believe this has been sufficient and effective in the past?


Application Questions

  1. How will stakeholders (parents, IEP team members, hearing officers) be made aware of this provision?


  2. What types of data should the school collect and make available to determine the effectiveness of behavioral and academic interventions in IEPs?


  3. Are there elements of the current system for monitoring the implementation of IEPs and related supports that could be addressed in order to more meet the manifestation determination more effectively? If so,
    • what are these elements? and
    • how can the system be improved?


  4. How does the team assure that the persons who are qualified to make determination decisions are on the team? How will medical and mental health considerations be addressed?


  5. How can pre-k-12 schools and institutes of higher education collaborate to ensure that school personnel have the knowledge and skills necessary to accurately determine if the behavior is related to the disability?


  6. How can federal, state, and local education agencies (including Parent Centers, Regional Resource Centers, local PTO’s/PTA’s, school administration) ensure that parents/families understand this provision regarding manifestation determination?


    These questions were developed by the following stakeholders working together:

    Role: Service Provider
    Location: Alaska

    Role: Service Provider
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Family
    Location: New Jersey

    Role: Teacher
    Location: Pennsylvania

    Role: Administrator
    Location: Pennsylvania

    Role: Teacher
    Location: South Carolina

    Role: Teacher
    Location: West Virginia