Manifestation Determination
Determines if behavior was caused or had relationship to child’s disability or if behavior was a direct result of the school district’s failure to implement the IEP
- Manifestation of Disability- have to conduct a functional behavioral assessment and implement behavioral intervention plan if it has not been done already
- The student is returned to previous placement unless agreed upon by all parties to change placement or if removed for drugs, weapons, or serious bodily injury
- Not a manifestation of disability – proceed the same way for students without disabilities except that student must continue to receive education if removed for more than 10 days
Due Process
- If you disagree with any decisions, you have the right to an expedited due process hearing,
- May also be requested if school district believes that student will present injury to others in current placement
- Hearing must occur within 20 school days of date made and a decision has to be made 10 days after the hearing