A manifestation determination must occur within 10 days of any decision to change the child’s placement because of a violation of a code of student conduct. The LEA, the parent, and relevant members of the IEP team are involved in conducting the review. Their purpose is to determine: (i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or (ii) If the conduct in question was the direct result of the LEA’s failure to implement the IEP.

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The IDEA states that the LEA, the parent, and relevant members of the child’s IEP team must review “all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents” as part of conducting a manifestation determination. This list is not exhaustive. It may include other relevant information in the child’s file, including placement appropriateness, supplementary aids and services, and if the behavior intervention strategies were appropriate and consistent with the IEP. The U.S. House of Representatives Conference Report 108-779 clarifies both the scope of the manifestation review and the intent behind it:

 

“We believe the Act recognizes that a child with a disability may display disruptive behaviors characteristic of the child’s disability and the child should not be punished for behaviors that are a result of the child’s disability.”

 

“The Conferees intend to assure that the manifestation determination is done carefully and thoroughly with consideration of any rare or extraordinary circumstances presented.” The Conferees further intended that “if a change in placement is proposed, the manifestation determination will analyze the child’s behavior as demonstrated across settings and across time when determining whether the conduct in question is a direct result of the disability.”

 

The relationship between the child’s behavior and disability, however, is not the only factor to be considered in a manifestation determination. A manifestation determination must also consider if the child’s conduct was the direct result of the LEA’s failure to implement the IEP. If such a finding is made, the regulations require the LEA to take immediate steps to remedy those deficiencies.