Manifestation Determinations: Students With Disabilities Have Rights

Children with disabilities often struggle in school. Their disability may impact their socialization and behavior in countless ways. Unfortunately, teachers and school administrators don’t always recognize that a student’s problematic behavior is tied to their disability. Many of those students end up facing harsh disciplinary measures – measures that create further obstacles to their education – for behavior that they couldn’t control or needed help managing.

Under federal law, students with disabilities who receive services under an individualized education plan (IEP) or 504 plan have important rights when it comes to school discipline. Schools can’t suspend, expel students or remove them from school programs for behavior that a manifestation of their disability. Before imposing certain disciplinary measures, schools must conduct a manifestation determination to evaluate whether the student’s behavior is disability-related. These laws apply to publicly funded schools across Florida.

Protect Your Child From Unwarranted Suspension Or Expulsion

If your child is facing suspension, expulsion or a significant change in placement, you have the right to a manifestation determination before the school takes action. You have the right to be present at the meeting and to provide evidence, documentation and the opinions of experts such as therapists.

At Bilello & Soowal, PLLC, our education lawyers help families of special ed students navigate these difficult determinations and protect their children from unnecessary upheaval. We know that your child deserves stability, and they deserve an education that accommodates their disability. Our attorneys will be fierce advocates for your child.

Passionate Advocates For Students With Disabilities

Our lawyers have devoted their careers to standing up for students’ rights. We frequently represent children with:

• Attention-deficit/hyperactivity disorder (ADHD)
• Autism spectrum disorders
• Anxiety disorders
• Post-traumatic stress disorder
• Down syndrome
• Dyslexia
• Emotional disturbances
• Developmental delays
• Speech, hearing or vision impairment
• Learning disabilities

We know that every child is unique, and we will take the time to fully understand your child, their situation and their needs so that we can provide the most favorable representation possible.

FAQ About Special Education Manifestation Determinations

Education law is confusing, and there are many nuances to manifestation determinations. Below are answers to common questions about this process.

What is a manifestation determination?

Schools must conduct a manifestation determination when pursuing a disciplinary change of placement for a student with an IEP or 504 plan. The federal Individuals with Disabilities Education Act (IDEA) of 2004 and associated regulations govern this process. A change of placement occurs if a student faces long-term suspension or expulsion, such as removal from school for 10 or more consecutive school days.

The purpose of a manifestation determination is to decide whether a student’s misbehavior is directly linked to their disability or to the school’s failure to properly implement the student’s education plan. If so, the school must address the behavioral concerns in a nonpunitive manner and take appropriate steps to address the problem.

How soon must a manifestation determination be made?

The manifestation determination must generally take place within 10 days of any decision to change the student’s placement for disciplinary reasons. This swift timeline ensures that the student isn’t deprived of their right to a free and appropriate education.

Who is involved in a manifestation determination?

The manifestation determination process involves the school, the parents or guardians, and the student’s IEP or 504 team. All of these perspectives are valuable for reaching a fair outcome and upholding the student’s rights.

What are the possible outcomes of a manifestation determination?

If the behavior in question is determined to be a result of the school’s failure to implement the IEP or 504, the school must immediately take steps to correct this failure. If the behavior is linked to the student’s disability, the school must conduct functional behavioral assessment and create or modify a positive behavioral intervention plan. In both cases, the student will remain in their current placement unless otherwise agreed.

However, if the behavior is not related to the disability or the school’s adherence to the student’s education plan, the school may apply the same disciplinary measures applicable to other students. Nonetheless, it remains essential that the school respect the student’s educational rights.