Manifestation Determinations: Behavior, Disability, and Discipline

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Your child has been suspended from school for two weeks or more.  You know that the Individuals with Disabilities Education Act (IDEA) requires a “manifestation determination” to be conducted whenever a suspension or expulsion lasts more than 10 days.  But what exactly is a manifestation?  How do you determine if one exists?  Who conducts the manifestation determination?  What happens if your child’s behavior is found to be a manifestation of his or her disability?  These are important questions—so here are some straight answers:

What is a manifestation determination?

A manifestation determination is an inquiry into whether your child’s behavior (the behavior leading to the suspension) was:

(a) Caused by your child’s disability,
(b) Directly and substantially related to child’s disability, or
(c) a direct result of the school's failure to implement your child’s Individualized Education Plan (IEP).

If the answer to any of these questions is yes, IDEA states that the behavior is considered to be a manifestation of the student's disability.

If the answer to all of these questions is no, IDEA states that the behavior is not a manifestation of the student's disability.

Who conducts the manifestation determination?

IDEA requires a manifestation team to meet and conduct the manifestation determination.  The manifestation team must include the child’s parents, a representative of the student’s school, and relevant members of the IEP team.  So you are a member of the team that determines whether or not your child’s behavior was a manifestation of his or her disability.

How do you determine whether the behavior is a manifestation of the child’s disability?

IDEA is not very specific about the hows of a manifestation determination. Nevertheless, one can assume that in making the determination, the manifestation team will consider and discuss evidence related to your child’s behavior, your child's disability, and the school’s implementation of the child's IEP.   You and the other members of the manifestation team must determine whether that evidence supports answering each of the questions “yes” or “no.”

You should know that there is a high bar for finding a manifestation.  IDEA requires the connection to the student's disability to be direct and substantial or otherwise caused by the student’s disability for it to qualify as a manifestation. The connection can't be speculative or just one of many factors contributing to the behavior. Similarly, any failure to implement IEP services must have directly resulted in the behavior for it to be considered a manifestation.

So what happens if the team determines that the behavior is a manifestation?

If your child’s behavior is determined to be a manifestation of his or her disability, the disciplinary action has to be moderated in two ways:

First, your child must be returned to his or her usual placement (there is no change in placement unless the parents and school agree otherwise).

Second, a functional behavior assessment (FBA) must be conducted and the IEP team must create a behavioral intervention plan (BIP) or modifying an existing behavior plan to respond to the results of the FBA.   In other words, the IEP team must address your child's behavior because, as a manifestation of the child's disability, it represents one of your child's needs.