Manifestation Determination Review: The Basics

Few meetings carry more weight than this one, and few are as often misunderstood. A manifestation determination review is a specific step in the federal discipline rules for students with disabilities. It is not a general behavior meeting, and it does not decide whether a student is "good" or "bad."

This page explains what the rule says, in plain words, and how the work you have done on behavior data and plans fits in. It is general information, not legal advice.

When it applies

Section 300.530(e)(1) says that within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the district, the parent, and relevant members of the child's IEP team, as determined by the parent and the district, must review all relevant information in the student's file. The file includes the child's IEP, any teacher observations, and any relevant information from the parents.

The phrase "change of placement" has its own rules, and the details, including exceptions for certain special circumstances in paragraph (g), are beyond this overview. If your student's situation might trigger a review, ask your special education director early.

The two questions

The review looks at two questions.

Under (e)(2), the conduct must be determined to be a manifestation if the group finds that either condition was met. Under (e)(3), if the group finds the second condition was met, the district must take immediate steps to remedy those deficiencies.

What the group looks at

The rule says all relevant information in the file. In practice, that often includes:

• the IEP and any behavior goals,
• the FBA and BIP, if they exist, and data on whether the plan was carried out,
• teacher and staff observations and incident notes,
• the student's evaluation information,
• information from the family,
• records of the supports and services the IEP says the student receives.

Good records help everyone here. Factual incident notes and clear data, as in documenting incidents factually, let the group look at what happened rather than at impressions. Fidelity data show whether the plan was carried out, which bears on the second question.

What happens next

Section 300.530(f) covers the case where the group finds the conduct was a manifestation. The IEP team must either conduct an FBA, unless the district had conducted one before the behavior that resulted in the change of placement, and implement a BIP, or, if a BIP already exists, review it and modify it as necessary to address the behavior. It must also, except as provided in paragraph (g), return the child to the placement from which the child was removed, unless the parent and the district agree to a change of placement as part of modifying the BIP.

Colorado's guide summarizes this and adds the other side. If the review finds the behavior was not a manifestation, the team must provide, as appropriate, an FBA and behavior interventions designed to address the behavior so that it does not occur again. Illinois's guidance states that a child removed from the placement, whether or not the behavior was a manifestation, continues to receive the services in the IEP and is considered, as appropriate, for an FBA, a BIP, and modifications.

How your plan work fits

The FBA and BIP work in this site is the routine version of what the rule describes in a discipline setting. If a plan already exists, the question after a manifestation finding is whether to review and modify it. That is the process in BIP review and revision. If no assessment exists, the team needs one. See FBA steps in order and FBA vs BIP.

The best preparation is steady, factual data and a plan that is shared and followed. A team that already has a baseline, a hypothesis, and fidelity checklists can answer the review's questions with evidence.

A checklist for the days before the review

Because the window is short, preparation matters. Staff who may be asked for information can use this list, with the district's direction.

1. Gather the file items you are responsible for: observation notes, data sheets, graphs, the plan, and fidelity checklists.
2. Put dates in order. A one-page timeline of events and supports helps the group follow the story.
3. Separate fact from impression. Mark anything that is your opinion as such.
4. Note what was and was not carried out. The second question asks about implementation of the IEP, so be exact about supports delivered and missed.
5. Check privacy. Share the material only with the people the district names, and by approved means.
6. Ask the case manager what the meeting format will be and who will lead it.

A team that has kept good records during the school year is already prepared. A team that has not should still bring what it has, honestly labeled.

If you are asked to contribute

Staff are often asked to provide information for the review. A few tips:

• Give facts. What you saw, when, and what you did. Use the checklist in the incident guide.
• Bring the data. Graphs, tallies, and the plan.
• Be ready to say what was carried out. If the plan was only partly done, say so, plainly.
• Do not predict the outcome. The determination belongs to the group.
• Keep it confidential. Share only through your district's procedures.

Common misunderstandings

• "It decides if the student is punished." It decides whether the conduct was a manifestation of the disability under the rule's two questions, which then affects what follows.
• "It happens after any discipline." It applies to certain decisions to change a child's placement for a code of conduct violation.
• "The school decides." The rule names the district, the parent, and relevant IEP team members.
• "The plan work is separate." It is the same work. A manifestation finding makes an FBA and BIP required in specific ways.

Terms are in the glossary.

Where to get advice

The details of the rule, including timelines, exceptions, and procedural protections for families, are more than a short guide can cover. Your district's special education director can explain how it applies to a specific student, and families may also seek advice from their state's parent training and information center or an attorney. If anyone is in immediate danger, follow your school's safety procedures and call emergency services.