MANIFESTATION DETERMINATION  
 
Authorities:  34 C.F.R. Part 300; Texas Education Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS

D
A manifestation determination must be made within 10 school days of any decision to make a DISCIPLINARY CHANGE OF PLACEMENT of the child with a disability because of a violation of a code of student conduct. 300.530(e)(1)
TEC 37.004(b)(4)
TEC 37.0022


MEMBERSHIP AND MEETING



D
The manifestation determination must be made by the ADMISSION, REVIEW, AND DISMISSAL COMMITTEE. 300.530(e)(1)
TEC 37.004(b)(4)


P
For children who are homeless or in substitute care, the local educational agency (LEA) must also provide notice to the child's educational decision-maker and case worker regarding manifestation determination reviews. TEC 25.007(b)(10)(C)


INFORMATION



D
The admission, review, and dismissal (ARD) committee must review all relevant information in the child's file including: 300.530(e)(1)


D
  • The child's individualized education program (IEP);
300.530(e)(1)


D
  • Any teacher observations; and
300.530(e)(1)


D
  • Any relevant information provided by the parents.
300.530(e)(1)


DETERMINATION



P
The conduct is a manifestation of the child's disability if the ARD committee determines that: 300.530(e)(1)
300.530(e)(2)


D
  • The conduct was caused by, or had a direct and substantial relationship to, the child's disability; or
300.530(e)(1)(i)


D
  • The conduct in question was the direct result of the LEA's failure to implement the IEP.
300.530(e)(1)(ii)


P
If the committee determines that the conduct is a manifestation of the child's disability, the LEA must comply with the WHEN BEHAVIOR IS A MANIFESTATION framework.


P
If the committee determines that the conduct is not a manifestation of the child's disability, the LEA must comply with the WHEN BEHAVIOR IS NOT A MANIFESTATION framework.

 
 
Last Updated: Monday, January 29, 2018