FEDERAL AND STATE REQUIREMENTS
CITATIONS
D
A manifestation determination must be made within 10 school days of any decision to make a CHANGE OF PLACEMENT of a child with a disability because of a violation of a code of student conduct.
300.530(e)(1)
1415(k)(1)(E)
MEMBERSHIP AND MEETING
D
The manifestation determination must be made by the ARD COMMITTEE with the following members:
300.530(e)(1)
TEC 37.004(b)(4)
1415(k)(1)(E)(i)
D
The local educational agency (LEA);
300.530(e)(1)
1415(k)(1)(E)(i)
D
300.530(e)(1)
1415(k)(1)(E)(i)
D
The relevant members of the child's admission, review, and dismissal (ARD) committee;
300.530(e)(1)
1415(k)(1)(E)(i)
P
as determined by the parent and the LEA.
300.530(e)(1)
1415(k)(1)(E)(i)
INFORMATION
D
The committee must review all relevant information in the student's file, including:
300.530(e)(1)
1415(k)(1)(E)(i)
D
The child's individualized education program (IEP);
300.530(e)(1)
1415(k)(1)(E)(i)
D
Any teacher observations; and
300.530(e)(1)
1415(k)(1)(E)(i)
D
Any relevant information provided by the parents.
300.530(e)(1)
1415(k)(1)(E)(i)
DETERMINATION
P
The conduct is a manifestation of the child's disability if the committee determines that either one of the following conditions are met:
300.530(e)(1)
300.530(e)(2)
1415(k)(1)(E)(i)
D
If the conduct was caused by, or had a direct and substantial relationship to, the child's disability; or
300.530(e)(1)(i)
1415(k)(1)(E)(i)(I)
D
If the conduct in question was the direct result of the LEA's failure to implement the IEP.
300.530(e)(1)(ii)
1415(k)(1)(E)(i)(II)
P
WHEN BEHAVIOR IS A MANIFESTATION
P
WHEN BEHAVIOR IS NOT A MANIFESTATION
