I: Leadership and Special Populations Legal Framework Framework Development 2013-2014 Frameworks

MANIFESTATION DETERMINATION

Authorities: 20 U.S.C. § 1415; 34 C.F.R. Part 300; Texas Education Code

FEDERAL AND STATE REQUIREMENTS CITATIONS 300.530(e)(1) A manifestation determination must be made within 10 school 1415(k)(1)(E) days of any decision to make a CHANGE OF PLACEMENT of TEC 37.004(b)(4) D athe child with a disability because of a violation of a code of TEC 37.0022 student conduct.

MEMBERSHIP AND MEETING

300.530(e)(1) The manifestation determination must be made by TEC 37.004(b)(4) the ADMISSION, REVIEW AND DISMISSAL (ARD) COMMITTEE . D 1415(k)(1)(E)(i) with the following members:

300.530(e)(1)  The local educational agency (LEA); 1415(k)(1)(E)(i) D

300.530(e)(1)  The parent; and 1415(k)(1)(E)(i) D

300.530(e)(1)  The relevant members of the child's ARD committee; 1415(k)(1)(E)(i) D

300.530(e)(1) o as determined by the parent and the LEA. 1415(k)(1)(E)(i) P

INFORMATION

300.530(e)(1) The ARD committee must review all relevant information in the 1415(k)(1)(E)(i) D student's file, including:

300.530(e)(1)  The child's individualized education program (IEP); 1415(k)(1)(E)(i) D

300.530(e)(1)  Any teacher observations; and 1415(k)(1)(E)(i) D

D:\Docs\2018-04-01\0dc05481979cdd725221d8de3668e93b.docx FEDERAL AND STATE REQUIREMENTS CITATIONS 300.530(e)(1)  Any relevant information provided by the parents. 1415(k)(1)(E)(i) D

DETERMINATION

300.530(e)(1) The conduct is a manifestation of the child's disability if the 300.530(e)(2) ARD committee determines that either one of the following P 1415(k)(1)(E)(i) conditions are met:

300.530(e)(1)(i)  If theThe conduct was caused by, or had a direct and 1415(k)(1)(E)(i)(I) D substantial relationship to, the child's disability; or

 If theThe conduct in question was the direct result of 300.530(e)(1)(ii) the local educational agency's (LEA's) failure to 1415(k)(1)(E)(i)(II) D implement the IEP.

WHEN BEHAVIOR IS A MANIFESTATIONIf the committee determines that the conduct is a manifestation of the child's P disability, the LEA must comply with the applicableWHEN BEHAVIOR IS A MANIFESTATION framework. WHEN BEHAVIOR IS NOT A MANIFESTATION If the committee determines that the conduct is not a manifestation of the child's disability, the LEA must comply with the P applicable WHEN BEHAVIOR IS NOT A MANIFESTATION framework.

Last Updated: MondayWednesday, December 03, 201218, 2013

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