ERIC Number: EJ1441720
Record Type: Journal
Publication Date: 2024-Oct
Pages: 3
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0164-775X
EISSN: N/A
Manifestation Determinations under the IDEA: An Update
Perry A. Zirkel
Communique, v53 n2 p30-32 2024
The central school district obligation for disciplinary changes in placement under the Individuals with Disabilities Education Act (IDEA) is to answer the question of whether the conduct at issue is a manifestation of the individual student's disability. School psychologists often play a key role in this team-based manifestation determination (M-D; also referred to as a manifestation determination review or MDR) based on their specialized expertise and school-based experience. The "yes" or "no" answer to an M-D is largely pivotal for the related IDEA provisions for (a) a functional behavioral assessment (FBA) and behavior intervention plan (BIP); (b) for specified serious code-of-conduct violations (such as possession of a weapon on school premises), a 45-day interim alternative educational setting (IAES); and (c) the location and standards for FAPE. M-D cases typically arise when parents challenge a district's determination that the behavior in question was not a result of the child's disability. The IDEA specifies various procedural requirements for the M-D, such as who must conduct it and when it must be completed. The purpose of this article is to provide an update for the most recent 5 years, specifically from September 2019 to September 2024. This latest snapshot extends to the case law rulings on the applicable procedural requirements.
Descriptors: Federal Legislation, Equal Education, Students with Disabilities, Educational Legislation, School Districts, Discipline Policy, Educational Change, Student Behavior, Educational Trends, Student Rights, Trend Analysis, School Psychologists, Individualized Education Programs, Functional Behavioral Assessment
National Association of School Psychologists. 4340 East West Highway Suite 402, Bethesda, MD 20814. Tel: 301-657-0270; Fax: 301-657-0275; e-mail: publications@naspweb.org; Web site: http://www.nasponline.org/publications/
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A