Manifestation Determinations

When a child with a disability violates a student code of conduct, a school may change the placement of that student for up to 10 days. Schools look at many factors to determine if there has been a change of placement. Suspension is definitely one factor. 

If the change of placement lasts 10 days, the IEP team and parents must meet to determine whether the student’s conduct had a direct and substantial relationship to his or her disability, or whether the student’s conduct was a direct result of the team’s failure to implement the IEP. 

If the IEP team agrees, then the school must do a Functional Behavior Assessment and behavioral intervention plan, or revisit a plan to address the problems. 

There are exceptions for weapons, drugs and serious bodily injury. 

These hearings are often very difficult, and parents should be aware that schools may often not view behavior as a direct result of a disability. When a school is considering expulsion they will often schedule the expulsion hearing directly after the manifest determination hearing. Important: the school must provide your student special education services after the 10thday, even if your student is not returning to his or her original classroom.

For more information:

Ohio Operating Standards, 3301-51-05(G), page 96 at https://education.ohio.gov/getattachment/Topics/Special-Education/Federal-and-State-Requirements/Operational-Standards-and-Guidance/2014-Ohio-Operating-Standards-for-the-Education-of-Children-with-Disabilities.pdf.aspx

ODE’s Guide to Parents Rights in Special Education at http://education.ohio.gov/getattachment/Topics/Special-Education/A-Guide-to-Parent-Rights-in-Special-Education/ODE_ParentRights_040617.pdf.aspx.

Questions? Call us. 614.368.5100