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Correct Answer: manifestation determination
the correct answer to the question is "manifestation determination." below is an expanded explanation of the term and the process involved:
when a student with disabilities exhibits behavior that leads to a decision for suspension or expulsion, especially if the disciplinary action extends beyond ten school days, a specialized review process called a "manifestation determination" is required. this process is crucial to ensure that the disciplinary measures taken against a student with disabilities are both fair and appropriate, considering their specific needs and the nature of their disability.
the manifestation determination review must be conducted by the student's individualized education program (iep) team. this team typically includes educators, school administrators, special education professionals, and the parents or guardians of the student. the review should take place within ten school days of the decision to discipline the student.
during the manifestation determination review, the iep team examines the relationship between the student's disability and the behavior in question. the key questions addressed during this review are:
1. was the conduct in question caused by, or did it have a direct and substantial relationship to, the child’s disability?
2. was the conduct a direct result of the school's failure to implement the iep?
if the answer to either question is "yes," then the behavior is considered a manifestation of the student's disability. in such cases, disciplinary actions that apply to students without disabilities cannot be applied in the same manner. instead, the school must either conduct a functional behavioral assessment (unless one has already been conducted recently) and implement a behavioral intervention plan, or review and modify the existing behavioral intervention plan if one is already in place. this approach ensures that the student receives appropriate interventions and supports that address the specific behaviors in question.
however, if the iep team determines that the behavior was not a manifestation of the student's disability, then the school may apply the same disciplinary procedures that are used with students without disabilities. this might include measures such as suspension or expulsion, depending on the nature of the behavior and in accordance with school policy.
the manifestation determination is a fundamental component of the protections afforded to students with disabilities under the individuals with disabilities education act (idea). it ensures that these students are not inappropriately disciplined for behaviors that are directly related to their disabilities, thereby supporting their right to a free and appropriate public education (fape) in the least restrictive environment.
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