Manifestation Determination

A manifestation determination meeting must be held within 10 school days if a child with disability:  

• Has been suspended for 10 days in a row  
• Has been suspended for more than 10 total days in the same school year for similar behaviors  
• The school district is considering expulsion  

• Special education evaluation  
• Individualized Education Program (IEP)  
• Behavior Intervention Plan (BIP)  
• School discipline records  
• Information from the parent about the child’s disability and it’s unique impact on the child’s behavior 

• The IEP team needs to reevaluate your child to include a Functional Behavioral Assessment (FBA) if an FBA was not completed as part of the most recent special education evaluation  
• If an FBA was completed as part of the most recent special education evaluation, the IEP team must either develop or review a Behavior Intervention Plan (BIP) and make necessary changes that allow your child to make educational progress  
• After the fifth day in a row or the 10th day of suspension in a school year, the school must continue to provide your child with educational services that allow them to make progress in both the general education curriculum and on their IEP goals. Schools may provide educational services in an alternative educational setting.  
• Your child cannot be expelled  
• In most situations, your child has the right to return to their current placement after this suspension 

• School staff may place your child in an alternative education setting for up to 45 school days, even if the behavior is a manifestation of the disability, if the behavior was related to:  
  • Possession of a dangerous weapon at school or during a school event - A pocket knife of less than 2½ inches in length is not considered a dangerous weapon  
  • Possession, use, or sale of an illicit drug or controlled substance - This may include controlled substances that are prescribed to your child  
• Serious bodily injury to others, which includes:  
  • Serious risk of death  
  • Disfigurement 
  • Permanent injury to a body part or mental abilities 
  • Serious bodily injury does not include scratches and bruises, in most cases  
• At the completion of the alternative educational placement, your child can return to their previous educational setting as determined by the IEP team 
• For suspensions not related to weapons, drugs, or serious bodily injury, a change in placement may occur when parents and school staff agree the change is needed  

If the IEP team decides that the behavior is not a manifestation of your child’s disability, they may discipline your child in the same was as any other student, including expulsion. However, the school is still responsible for educating your child if: 

• Your child has been suspended for more than five days in a row, even though a manifestation determination meeting is not required until the 10th day of suspension  
• Your child has been suspended for more than 10 total days in the school year  
• Your child has been expelled  
• Your child is being placed in an alternative educational placement for possession or use of weapons or drugs, or for inflicting serious bodily injury  

Under these circumstances, your child may receive education in an alternative setting. An alternative education setting is individually determined and depends on the unique circumstances of the student. It must enable the child to progress toward meeting the goals outlined in their IEP.  

An alternative education setting may include:  

• A different school 
• Meeting with a teacher in the home or community (for example, a library or community center)  
• Virtual meetings with teachers  
• Other alternative education settings  

• You can request a conciliation conference or mediation  
  • These are optional meetings and school staff must agree to meet with the parent  
• You can request an expedited due process hearing  
  • If you request an expedited due process hearing, the school district is required to participate  
  • Parents and the school district have the right to include a lawyer and other experts to advise them in a due process hearing  
  • If your child has been placed in a 45-day alternative education setting for possession or use of a weapon or drugs or for serious bodily injury, they will continue their education in the alternative education setting until a decision can be made by an impartial hearing officer 

Understanding the Student Code of Conduct and School Discipline Policy is an important part of supporting your child with a mental health, emotional, or behavioral disorder.