When a child with a disability is accused of violating a school’s code of conduct, parents are often thrown into a whirlwind of emotions, confusion, and urgent questions. Will my child be expelled? Does their disability protect them from harsh discipline? Are their rights being honored?
As Florida special education lawyers, we at Biello & Soowal, PLLC, work with families to answer those questions and safeguard their child’s future. One of the most crucial protections for students with disabilities under federal law is the manifestation determination review. This process serves as a check to ensure that students are not unfairly punished for behaviors that are symptoms of their disability.
Our role is to stand by your side through every step, helping you navigate this complex process and ensuring your child’s rights and educational needs remain the priority.
What Is a Manifestation Determination?
A manifestation determination is a formal review required by the Individuals with Disabilities Education Act (IDEA) when a school intends to suspend or expel a student with a disability for more than 10 consecutive school days (or for a pattern of short-term removals that add up to a change in placement). The purpose is to determine whether the child’s behavior was:
- Caused by, or directly and substantially related to, the child’s disability, or
- The direct result of the school’s failure to implement the student’s Individualized Education Program (IEP).
If either condition is true, then the behavior is considered a “manifestation” of the disability, and the school may not proceed with a disciplinary removal in the same way it would for students without disabilities.
When Must a Manifestation Determination Be Conducted?
Federal law requires that this review occur within 10 school days of the decision to change a student’s placement due to a behavioral violation. Florida law follows the same timeline and is governed by rules outlined in the Florida Administrative Code (Rule 6A-6.03312).
The manifestation determination must be conducted by a team that includes:
- The parent or guardian
- The local education agency (LEA)
- Relevant members of the child’s IEP team
This ensures that those who know the child best—educators, specialists, and parents—have a say in how discipline should be handled.
Legal Foundations: Federal and Florida Law
The foundation for manifestation determinations lies in 20 U.S.C. § 1415(k) of the Individuals with Disabilities Education Act and is further clarified by 34 CFR § 300.530(e). Florida mirrors these requirements under Rule 6A-6.03312, which specifies the procedures that districts must follow for discipline and change of placement.
Under these laws:
- Schools must not discipline a child with a disability the same way as a child without disabilities unless it has first been determined that the behavior was not a manifestation.
- The district must continue providing educational services during any removal to allow the student to continue participating in the general education curriculum and progress toward IEP goals.
This is where the knowledge and skill of a qualified education attorney in Florida becomes essential. We ensure the school follows all steps correctly and does not sidestep your child’s legal protections.
Step-by-Step: How a Manifestation Determination Works
The manifestation determination process is not a casual conversation—it is a formal, legally required review. Here is what you can expect:
1. Gathering Relevant Data
The team examines all relevant documentation, including:
- The IEP and any recent evaluations
- Teacher observations and discipline records
- Parent insights and external medical or psychological reports
This comprehensive review ensures the behavior is evaluated in the full context of the student’s disability and educational plan.
2. Answering Two Critical Questions
The team must answer the following:
- Was the conduct caused by, or did it have a direct and substantial relationship to, the child’s disability?
- Was the conduct a direct result of the school’s failure to implement the IEP?
If the answer to either is “yes,” the behavior is a manifestation of the disability.
3. Next Steps After the Determination
If the behavior was a manifestation:
- The student must return to their original placement, unless the parent and school agree otherwise.
- The IEP team must conduct a Functional Behavioral Assessment (FBA) if one has not been done already.
- A Behavior Intervention Plan (BIP) must be developed, reviewed, and revised to address the behavior.
If the behavior was not a manifestation:
- The school may discipline the student in the same way it would discipline any other student.
- However, the school must still provide educational services that enable the student to continue making progress on their IEP.
What Behaviors Trigger a Manifestation Determination?
Common examples include:
- Physical aggression or fighting
- Verbal outbursts or threats
- Leaving school grounds without permission
- Possession of banned items such as vaping devices or medications
- Disruptive or noncompliant behavior in class
It’s important to understand that not all behaviors require a manifestation review. The review is only legally required if the school considers removing the child for more than 10 days or if multiple suspensions form a pattern that amounts to a change in placement.
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Special Circumstances: Weapons, Drugs, and Injury
Under IDEA and Florida law, a school may remove a student to an interim alternative educational setting for up to 45 school days, even if the behavior is found to be a manifestation, if the student:
- Carries or possesses a weapon at school or during a school event
- Knowingly uses or sells illegal drugs
- Inflicts serious bodily injury on another individual at school or during a school event
These are often referred to as “special circumstances.” However, even in these cases, the school must provide continued educational services, conduct an FBA, and implement a BIP if appropriate.
Real Impact: Why These Reviews Matter
Manifestation determinations are about more than just following rules—they protect the educational futures of students with disabilities. Without these safeguards, students with ADHD, autism, emotional disturbances, or learning disabilities could be suspended or expelled for behaviors they cannot fully control.
A 2018 study by the National Center for Learning Disabilities found that students with disabilities are twice as likely to be suspended as those without disabilities. In Florida, students with disabilities make up around 14% of the school population but account for over 25% of all suspensions (Florida Department of Education).
These statistics highlight the importance of knowing your rights and having a legal advocate when it matters most.
Common Problems We Help Parents Solve
As Florida special education lawyers, we have represented families in many situations where the manifestation determination process was mishandled. Here are some common issues:
- The school failed to notify parents of their rights or invite them to the review meeting
- The school predetermined the outcome before gathering all relevant information.
- The team ignored external medical documentation linking the behavior to the disability
- The school failed to conduct a proper FBA after finding that the behavior was a manifestation
- The child was placed in an alternative setting without providing appropriate services
These issues can have serious legal consequences, and we take pride in holding school districts accountable to protect your child’s rights.
What Parents Can Do to Prepare
If you receive notice of a manifestation determination meeting, here are some proactive steps you can take:
- Request documentation from the school, including the discipline referral, IEP, and evaluations
- Bring outside medical or psychological records that explain your child’s behavior
- Speak with an education attorney in Florida before the meeting to understand your rights
- Document everything—keep written communication and take notes during the meeting
- Request a copy of the meeting’s written findings and decisions
The more prepared you are, the more effective your advocacy will be.
How We Can Help as Florida Special Education Lawyers
At Biello & Soowal, PLLC, we are here to:
- Represent you at manifestation determination meetings
- Ensure the school conducts a lawful and thorough review
- Advocate for changes to the IEP, BIP, or placement if necessary
- File complaints with the Florida Department of Education if procedures are violated
- Represent you in due process hearings if the district fails to comply with the law
We understand how deeply these situations affect your family. Our mission is to ensure that no child loses educational opportunities due to procedural errors or a lack of understanding about disability-related behavior.
Frequently Asked Questions
What if the school says my child’s behavior was not related to their disability, but I disagree?
You can challenge the decision by requesting mediation or a due process hearing. As your legal representatives, we can file this request and represent your child’s interests.
Can my child be suspended while we wait for the determination?
Yes, but only for up to 10 school days. Beyond that, the school must either determine the behavior was not a manifestation or continue providing services in another setting.
What if the IEP wasn’t being followed?
If the team finds that the school’s failure to implement the IEP contributed to the behavior, then the behavior is considered a manifestation, even if it’s not directly caused by the disability.
Are parents allowed to bring a lawyer to the meeting?
Yes. We strongly recommend it. Having a Florida special education lawyer present helps ensure that all legal rights are protected and that the meeting remains fair.
Contact Us Today
If your child faces disciplinary action and you are unsure whether the behavior is related to their disability, do not wait. The decisions made during a manifestation determination can affect your child’s academic record, future opportunities, and emotional well-being.
At Biello & Soowal, PLLC, we have helped families across Florida navigate special education challenges, assert their legal rights, and secure the educational support their children need to thrive.
Contact us today to speak with an experienced education attorney in Florida. We are here to help you stand up for your child, because every student deserves a fair chance to succeed.
