El Dorado County Office of Education, Placerville

Manifestation Determination Flow Chart

LEA seeks to suspend a student with a disability (IEP and/or 504 Plan)

The disciplinary removal is 10 days or less

The disciplinary removal is more than 10 consecutive days or results in removals exceeding 10 cumulative days

Behavior incident involves a weapon or drug offense, or the student inflicted serious bodily injury

Disciplinary removal does not constitute a change in placement

Disciplinary removal likely constitutes a change in placement

LEA may unilaterally remove student to an interim alternative educational setting (IAES) for up to 45 days 20 U.S.C. § 1415(k)(1)(G)

The student is not entitled to disciplinary protections under the IDEA but is entitled to minimal due process under the US Constitution

LEA must ensure student continues to:

Receive appropriate services
Participate in general education curriculum
Progress toward IEP goals

Reminders:

Schedule MDR within 10 days of removal
Contact SELPA
Take MDR Meeting Notes

MANIFESTATION DETERMINATION REVIEW MEETING
Must answer 2 key questions based on relevant information

The conduct in question was caused by or had a direct and substantial relationship to the student’s disability?
The conduct in question was the direct result of a failure to implement the IEP?

(MDR form located in SEIS document library titled “Manifestation”)

- YES - To either question or both.

- NO - To both questions.

Convene an IEP Meeting. IEP Meeting is separate from MD Meeting.

Convene an IEP Meeting to revise FAPE offer based on student needs in order to gain educational benefit.

Does the student have BIP?

The student shall receive, as appropriate, behavioral intervention services and modifications that are designed to address the behavioral violation so it does not recur.

- YES -

- NO -

May apply relevant disciplinary procedures in the same manner and for same duration as non-disabled students. Review your LEA's policies.

Review BIP and FBA. If no FBA on file, must conduct FBA (with Assessment Plan). Modify BIP, behavior goals, services, and interventions, as needed.

Team must conduct a FBA (with Assessment Plan). Use FBA to develop BIP, behavior goals, services, and interventions.

Student may return to placement when the disciplinary period expires unless parents and school agree otherwise or child is lawfully expelled - services will still need to be provided.

Implement IEP & return student to placement.