August, 2013

Procedures for conducting Manifestation Determination Reviews

For Students with Disabilities (SWD)

A.In carrying out the Manifestation Determination Review, the parent(s) and members of the IEP team must review all relevant information to the student’s file including:

  • Evaluation data;
  • Student’s IEP and placement;
  • Patterns of the student’s behavior across settings and time;
  • Relevant observations / interventions (FBA, BIP, charting, disciplinary forms, notes, etc.);
  • Other relevant information provided by the staff and/or parent(s).

B.Based on the information reviewed, the parent(s) and members of the team will then determine:

  1. The conduct in question was caused by or had a direct and substantial relationship to

the student’s disability: Yes / No

  1. The conduct in question was the direct result of the school district’s failure to implement

the IEP: Yes / No

Note:If the answers are yes to one or both of the questions above, the behavior should be considered a manifestation of the student’s disability.

C.If the student’s conduct was determined a manifestation of the disability (both answers yes):

  • A Functional Behavioral Assessment (FBA) must be conducted and a Behavior Intervention Plan (BIP) must be designed and implemented.
  • If a Behavior Intervention Plan was developed prior to the conduct in question, a review and modification of the existing BIP is necessary to address the behavior.
  • If removed, the SWD is to return his/her previous placement unless the school district and parents agree to a change of placement as part of the modification of the behavior plan.

D.If the student’s conduct was determined not a manifestation of the disability (answers to questions (1) and (2) both “no”):

  • The student will receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavioral violation so that is does not recur.
  • A student whose behavior was not a manifestation of his/her disability may be removed from the school setting for more than ten (10) school days in the same school year but must continue to receive services. (e.g., Interim Alternative Educational Setting)
  • Parent(s) and members of the IEP team sign an approved form signifying their participation as a committee in making a Manifestation Determination Review (MDR).