Manifestation Determination Clause Samples

Manifestation Determination. Students with disabilities shall be afforded a manifestation determination, when required by the IDEA, and will be disciplined, if required, in accordance with the requirements of the Individuals with Disabilities Education Improvement Act and Rehabilitation Act and the Sponsor’s Exceptional Student Education Policies and Procedures (SP&P). If a student has been recommended for expulsion for commission of an expellable act as defined by the Sponsor’s policy and the student is withdrawn from the School by a parent/guardian, the student may be denied enrollment in a district school by Sponsor or may be assigned to an appropriate expulsion abeyance program in accordance with Sponsor’s policies. The School may not withdraw or transfer a student involuntarily unless the withdrawal or transfer is accomplished through established procedures mutually agreed upon in this Charter or through the Sponsor’s applicable policies for student withdrawal.
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Manifestation Determination. 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 school district, the parent and relevant members of the child's IEP team (as determined by the parent and the school district) must review all relevant information in the child's file, including the child's IEP, any teacher observations and any relevant information provided by the parents to determine if the conduct was a manifestation of the child’s disability. The District determines that the conduct is a manifestation of the child’s disability: (1) If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or (2) If the conduct in question was the direct result of the school district's failure to implement the IEP. If the District, parents and relevant members of the IEP team determine that the conduct in question was the direct result of the school district’s failure to implement the IEP, the District takes immediate steps to remedy those deficiencies. (1) If the conduct was a manifestation of the child’s disability, the IEP team either: (a) Starts to conduct a functional behavioral assessment within 10 days of the manifestation determination and complete the assessment as soon as practicable, unless the school district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implemented a behavioral intervention plan for the child; or (b) If a behavioral intervention plan already has been developed, within 10 days of the manifestation determination, reviews the behavioral intervention plan and the implementation of the plan, and modifies it, as necessary, to address the behavior subject to disciplinary action; and (2) Returns the child to the placement from which the child was removed, unless the parent and the District agree to a change of placement as part of the modification of the behavioral intervention plan.
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Manifestation Determination. Prior to any further disciplinary removals of the Student from his educational program (including in or out-of-school suspensions), the District will conduct a manifestation determination with a group of knowledgeable persons (e.g. the IEP or Section 504 team) to evaluate whether any misconduct that would result in further discipline removals was caused by, or was a manifestation of the student’s disability. To determine whether the Student’s conduct was a manifestation of his disability, the group of knowledgeable people will determine whether the Student’s conduct was (A) caused by, or had a direct and substantial relationship to his disability; or, (B) was the direct result of the District’s failure to implement his Section 504 plan. If the answer to either question is “yes,” then the Student’s conduct is a manifestation of his disability and the District may not take the disciplinary action and should determine whether the Student’s current placement is appropriate including by conducting a functional behavior assessment and any other appropriate evaluations and reviewing the Student’s IEP or Section 504 placement (including behavior plan) in light of these evaluations. If the answer to both questions is “no,” then the Student’s conduct is not a manifestation of his disability and the disciplinary action may be administered in the same manner as for non- disabled students.
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Manifestation Determination. After providing proper written notice to the Student’s parent(s), the District will select a highly qualified employee or retain an independent third-party consultant, both subject to OCR approval, to facilitate a manifestation meeting that complies with the requirements of 34 C.F.R. §§104.35 and 104.36 to determine whether the Student’s misconduct on December 10, 2014, April 17, 2015, and/or May 6, 2015 was a manifestation of his disability. If, based on the results of the meeting, or any subsequent proceedings pursuant to the District’s system of procedural safeguards, it is determined that the Student’s misconduct was a manifestation of his disability, the District will: expunge the Student’s suspension record with respect to the relevant incident(s); and determine, in accordance with 34 C.F.R. §§104.35 and 104.36, the services needed to compensate the student for the services that were not provided as a result of the student’s suspension. Student’s misconduct resulting in suspension or expulsion was a manifestation of his disability. The District shall provide OCR with a copy of the notice provided to the Student’s parent(s), documentation showing the participants in the meeting, a narrative statement providing an explanation for the group’s decisions, a description of information the group considered, a description of and, if applicable, a schedule for providing any compensatory and/or remedial services to the Student, including who will provide the services and the anticipated completion date for the provision of such services, and documentation that the District provided the procedural safeguards to the Student’s parent(s) and notified the Student’s parent(s) of its determinations. If the group finds that the Student’s misconduct resulting in suspension or expulsion was a manifestation of his disability, the District must provide OCR documentation that shows that the Student’s discipline record was expunged of those infractions which were deemed associated with the Student’s disability.
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Related to Manifestation Determination

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