The manifestation determination IEP meeting is a meeting of the relevant members of the IEP team as determined by the parent/guardian/other education rights holder and the school district to determine whether a student with a disability may be recommended for expulsion from school or have their services and/or placement change to ensure FAPE. It should be held within 10 school days of the school’s decision to expel the student or change their placement. At the meeting, the IEP team reviews the relevant information from the student’s file, including the IEP and any information from teachers and the parents/guardians/other education rights holders and then decides two things: (1) Was the behavior caused by, or did it have “a direct and substantial relationship” to, the student’s disability, and (2) Was the behavior the direct result of the district’s failure to implement the IEP?[1]
If the IEP team answers “YES” to either question, the student cannot be expelled and any placement change requires either the consent of the parent/guardian/other education rights holderor an ALJ’s order. If the IEP team determines that the behavior is a manifestation of the student’s disability, then, unless the behavior is one of the serious offenses discussed below, the student must go back to their original placement (unless the parent/guardian/other education rights holderand school agree otherwise). The school must also do a behavioral assessment for the student or modify the student’s existing behavior plan to address the behavior.[2] If the team answers “NO” to both questions, the student can be referred for expulsion.