Manifestation Determination- Frequently Asked Questions
What is a manifestation determination?
Under IDEA, a manifestation determination (MD) is a process conducted by an IEP team to determine whether a specific behavior or cluster of behaviors is related to, or a manifestation of, the student’s disability(ies). As specified by the Individuals with Disabilities Education Act (IDEA), the IEP team must consider two questions in making the determination (see MD form).
When should an IEP team conduct a manifestation determination?
IDEA requires that prior to removing a student for disciplinary reasons beyond a cumulative10 cumulative (or consecutive) days of removal in a school year, the IEP team must first conduct a manifestation determination (MD). If the behavior subject to discipline is related to the student’s disability, the student cannot be removed.
IDEA allows the removal of a student with a disability for a cumulative total of 10 days in a school year, whether the behavior is or is not related to the student’s disability.
When a school administrator proposes
- removing a student who has already had 10 previouscumulative days of removal for the school year for disciplinary reasons, or
- proposesremoving the student for several days for disciplinary reasons and those days of removal would lead to a cumulative total of more than 10 days,
thenthe IEP team schoolmust conduct an MD before the prior to removing thestudent can be removed for the 11th day (of removal).
The MD is conducted only at the time that the school administrator is proposing to remove the student beyond the 10 days for disciplinary reasons. The MD must be conducted before the student is removed. The MD considers only the specific violation of the Student Conduct and Discipline Plan that has resulted in the proposal for the disciplinary removal.
If removal is being proposed for more than one MMSD Student Conduct and Discipline Plan violation, each violation must be considered separately in the manifestation determination process. That is, the IEP team must consider the two questions for each violation and must consider whether each violation is a manifestation of the student’s disability(ies).
If removal is being proposed for an MMSD Student Conduct and Discipline Plan violation that is defined as being comprised of “repeated” or “multiple” offenses, it is recommended that the IEP chair person contact the Special Education Coordinator for guidance prior to conducting the MD.
As part of the IEP meeting at which the MD is conducted, the IEP should be reviewed/revised to include possible changes to the student’s program and placement. The IEP team must also conduct a functional behavioral assessment and develop a behavior intervention plan, or, if a behavior plan exists, must review the behavior plan and make revisions as needed.
How often should an IEP team conduct a manifestation determination?
The purpose of an MD is to answer the question, “Can school personnel remove the student for disciplinary reasons beyond the 10 days allowed in response to a specific violation of the MMSD Student Conduct and Discipline Plan?” for a given, specific behavior beyond the 10 days allowed?”. Therefore, the MD is conducted only at the time that the school is proposing to remove that child beyond the 10 days. The MD must be conducted before the student is removed. The MD must consider the specific behavior that the school is proposing removal for.
Each time the school administrator proposes to remove a student for disciplinary reasons beyond the 10 days, the IEP team must conduct an MD for that specific violation of the Student Conduct and Discipline Plan, even if the violation is the same violation for which an MD was previously conducted.
Under what circumstances can a student with a disability be removed following an MD?
If the IEP team finds that the specific behavior is not related to the student’s disability, then the school may remove the student for disciplinary reasons beyond the 10 days for that specific behavior. During the time of removal, however, the student must receive services.. (Please contact your Special Education Coordinator for additional information regarding these services).
If the IEP team finds that the behavior is related to the student’s disability, then the student cannot be removed beyond 10 days for disciplinary reasons for that behavior.
Each time the school wants to remove a child beyond the 10 days, the IEP team must conduct an MD for that specific behavior, even if the behavior is the same behavior that the student had exhibited in the past and is a behavior for which an MD had been conducted.