What is a Manifestation Determination in Special Education?
by
Joseph C. Maya on Jul. 17, 2024
Summary: If you have any questions about special education or education law in general, contact one of our attorneys at (203) 221-3100.
When a student with a disability engages in behavior that breaches the school’s code of conduct, the school may consider changing the student’s educational placement. Cases like this typically require a manifestation determination, which helps establish whether there is a relationship between the student’s misbehavior and their disability. A manifestation determination must be made within ten school days of the decision to change the student’s placement. If a parent disagrees with the manifestation determination made regarding their child’s education, they have the right to a due process hearing. The child must remain in the disciplinary placement until the hearing officer makes a decision or until the time imposed for the misconduct is up. For offenses involving weapons, drugs, or serious injury, the child may be placed in an interim alternative education setting for at most 45 school days, regardless of the manifestation determination decision.
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