Manifestation determination
What is it?
Manifestation Determination is a vital part of working with student's with disabilities, especially when the disability may cause the student to be suspended from school. IDEA 2004 states that a student with a disability may be suspended from school for no more than 10 days. If the student has already been suspended for the maximum amount of time, and participates in an action that would result in another suspension, Manifestation Determination is used on a case-by-case basis to determine if the student's actions are a direct result of his or her disability.
What happens?
If the 10-day suspension mark is hit, and the student participates in another action that would cause a suspension, a meeting must occur within 10 days of said action to determine if the behavior was a result of a disability. The people in this meeting are the student's parents, relevant members from the IEP team, and a representative of the school district. They review the student's file, IEP, any relevant information about the student, and the specific incident in question. If it is determined the student's action was a direct result of his or her disability, the suspension is overruled and the student remains in school. However, when this happens the student must then receive a Behavior Intervention Plan, or have their plan revised if one was already in place. Another outcome of this meeting may be finding the behavior was a result of the school was not following the IEP correctly. If this is the case, the suspension is overturned and the district must immediately make changes to accommodate the IEP. Finally, if the meeting determines the behavior was not a result of a disability, the suspension is upheld.
Why is it important?
Studies have shown that students with disabilities, such as an emotional impairment, are more likely to be suspended or expelled from school than their peers without disabilities. An example of this would two students, one with an emotional impairment and the other without, both receive poor test grades. While a student without a disability may be upset, they have the emotional capacity to handle the disappointment in a mature and responsible manner. However, a student with an emotional impairment is not at the same emotional maturity level as his or her peers, and may respond by tearing up the test, flipping a desk of threatening the teacher. This is an extreme example, but it highlights how a student with a disability is more likely to participate in an action that results in suspension.
Manifestation Determination is a vital part of working with student's with disabilities, especially when the disability may cause the student to be suspended from school. IDEA 2004 states that a student with a disability may be suspended from school for no more than 10 days. If the student has already been suspended for the maximum amount of time, and participates in an action that would result in another suspension, Manifestation Determination is used on a case-by-case basis to determine if the student's actions are a direct result of his or her disability.
What happens?
If the 10-day suspension mark is hit, and the student participates in another action that would cause a suspension, a meeting must occur within 10 days of said action to determine if the behavior was a result of a disability. The people in this meeting are the student's parents, relevant members from the IEP team, and a representative of the school district. They review the student's file, IEP, any relevant information about the student, and the specific incident in question. If it is determined the student's action was a direct result of his or her disability, the suspension is overruled and the student remains in school. However, when this happens the student must then receive a Behavior Intervention Plan, or have their plan revised if one was already in place. Another outcome of this meeting may be finding the behavior was a result of the school was not following the IEP correctly. If this is the case, the suspension is overturned and the district must immediately make changes to accommodate the IEP. Finally, if the meeting determines the behavior was not a result of a disability, the suspension is upheld.
Why is it important?
Studies have shown that students with disabilities, such as an emotional impairment, are more likely to be suspended or expelled from school than their peers without disabilities. An example of this would two students, one with an emotional impairment and the other without, both receive poor test grades. While a student without a disability may be upset, they have the emotional capacity to handle the disappointment in a mature and responsible manner. However, a student with an emotional impairment is not at the same emotional maturity level as his or her peers, and may respond by tearing up the test, flipping a desk of threatening the teacher. This is an extreme example, but it highlights how a student with a disability is more likely to participate in an action that results in suspension.