Manifestation Determination
Manifest determination relating to special education refers to the hearing process that a school holds to establish if a child’s behaviour was caused by his or her disability to go against the code of conduct. All applicable information and relations between the child’s disability as well as the behavior is reviewed. Outcomes for problem behaviors must not prejudice against a child regarding his disability.
Importance of Manifestation Determination
According to discipline procedures of IDEA, for specific violations of the student code of conduct, school systems should carry out a manifestation determination review. The intent of the review is to establish whether or not the behavior of the child that led to the violation of disciplinary is associated with his or her disability. The roles of manifestation determination were initially incorporated in IDEA with the amendments of 1997. The process has been made simple under IDEA, 2004. Currently, manifestation determination restricts the need to carry out a manifestation determination to exclusions that establish a placement change based on IDEA’s disciplinary process. Further, the process does not need a manifestation for exclusion for at least 10 subsequent days of school that does not establish any change in placement. Manifestation Determination Reviewing is important under §300.530(e), and must take place within 10 days of a given judgment to change the placement of the child due to the desecration of a code of conduct of the student. The involved parties in conducting review are the parent, the LEA and any relevant IEP team member, as established by the LEA and the parent. The aim of the parties is to establish if the behavior in question was instigated by or had a direct and significant association with, the child’s disability or in any case the behavior in question was a direct outcome of the failure of LEA to carry out the IEP. In making the determinations, the team is tasked with reviewing the entire applicable information in the file of a student, such as the IEP of the child, any observations made by any teacher as well as any applicable information given by the parents. The connection between the child’s behavior violations together with his or her disability is essential. According to the department, the Act recognizes that the child with a disability can show characteristic behaviors that are disruptive of his or her disability and the child must not be punished for conducts that are due to his or her disability. The linkage between the behavior of the child and disability, though, is not the sole factor to be put into consideration in a manifestation determination. The manifestation determination should as well contemplate if the child were the direct outcome of the failure of LEA to execute the IEP. In any case, the findings are made; the laws require the LEA to immediately take the necessary steps to address the deficiencies. Placement is a situation where the child is engaged in unique situations such as acute bodily injury, drugs or weapons and the child is reverted to the placement where he or she was removed as a measure of the disciplinary action. But, the parent together with LEA can come to an agreement to a change of placement as a measure of adjustment of a behavioral intervention plan.
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Conclusion
A manifest determination is a guide that defines the strategy and preparation alongside documentation that demonstrates an association between the conduct and the disability, eliminating the concern out of the hands of the disciplinary officers of the school. The aim of the manifestation determination is to make sure that a child with a disability is not victimized by imposing disciplinary actions for conducts that are a manifestation of their disability.
