Once a suspension will extend beyond 10 days, whether via a single long-term suspension or via multiple suspensions that constitute a pattern of exclusion, districts must conduct a manifestation determination. The parents and relevant members of the IEP team must decide, within 10 school days of any decision to change a student’s placement due to disciplinary removals, whether or not the student’s conduct was a manifestation of the student’s disability. IEP services must be made available to the student by the 11th day of suspension. There are three possible outcomes of a manifestation determination:
- The violation (student’s conduct) was caused by (or directly related to) the student’s disability;
- The violation was a direct result of the district’s failure to implement the IEP (including a behavior plan);
- Failure to implement is a two-part test:
- The district must fail to fully implement the IEP, and
- The conduct in question must be ‘the direct result’ of the failure to implement.
- Failure to implement is a two-part test:
- The violation is not a manifestation of the disability (does not meet outcome 1 or 2)
The manifestation determination worksheet in the sped database walks the team through the required information. A Written Notice is required as the suspension constitutes a change in placement for the student. Sample Written Notices are provided in the appendix.
Contact your school’s Program Coordinator for assistance with disciplinary questions and manifestation determination meetings.