Introduction
Use Form I-12 to document a manifestation determination review when a student’s placement is changed for disciplinary reasons. Within ten school days after the date on which the decision to change the student's placement is made, the location education agency (LEA or agency), the parent, and relevant members of the IEP team must determine whether the conduct in question is a manifestation of the student's disability. 34 CFR § 300.530(e)(1).
Implementation Considerations
The law requires a manifestation determination be made by the parent and relevant members of the student’s IEP team. 34 CFR § 300.530(e)(1). While not required by law, agencies often conduct manifestation determination reviews through the IEP team process because the IEP team is required to make other decisions that are related and may be discussed during the meeting. For example, if the conduct in question is determined to be a manifestation of the student’s disability, an IEP team meeting is required to either complete a functional behavioral assessment (FBA) and develop a behavioral intervention plan (BIP), or review the BIP, if one exists, and modify it as necessary. 34 CFR § 300.530(f).
A review team must determine the behavior in question was caused by or had a direct and substantial relationship to the student’s disability or the conduct in question was a direct result of the LEA’s failure to implement the student’s individualized education program (IEP). 34 CFR §§ 300.530(e)(1)(i) and (ii). This is determined on a case-by-case basis, and the analysis is dependent upon the particular circumstances involved.
If there is a disciplinary change in placement, an IEP team meeting is required to determine the appropriate services for the student during the period of removal and the setting in which the services will be provided. 34 CFR § 300.530(d)(5). Except where a student is disciplined for behavior involving weapons, drugs or serious bodily harm, if the behavior is determined to be a manifestation, the IEP team must return the student to the placement from which the student was removed, unless the parent and the LEA agree to a change of placement. 34 CFR § 300.530(f)(2). If the behavior is determined not to be a manifestation of the student's disability, the LEA may remove the student to the same extent it would remove a student who does not have a disability. 34 CFR § 300.530(c). The Department has a bulletin to additional information about manifestation determinations.
Form Content and Explanations
Content: Date manifestation determination made. Explanation: A manifestation determination must be made within ten school days of any decision to change the placement of a student for disciplinary reasons. 34 CFR § 300.530(e)(1).
Content: Review team participants. Explanation: IDEA allows the public agency, the parent, and relevant members of the student’s IEP team to make the determination. 34 CFR § 300.530(e)(1). A space is provided on form I-12 to document the individuals who participate in the manifestation determination review. If a full IEP team makes the manifestation determination in an IEP team meeting, the IEP team participants’ names are recorded on form I-3, Evaluation Report and IEP Cover Sheet and are not recorded here
Content: Section I-A: Description of behavior. Explanation: In section I-A, include a description of the behavior subject to disciplinary action. The description should be as objective and factual as possible. Additional pages may be attached, including an incident report or other information. 34 CFR § 300.530(e)(1).
Content: Section I-B: Consideration of all relevant information. Explanation: In making the determination, all relevant information in the student's file, including the student's IEP, any teacher observations, and any relevant information provided by the parents must be reviewed. This list is not exhaustive and all relevant information must be considered. Document consideration of all relevant information in section I-B. 34 CFR § 300.530(e)(1).
Content: Section II: Manifestation determination. Explanation:When determining whether a behavior is a manifestation of the disability, the review team must determine the behavior was caused by or had a direct and substantial relationship to the student’s disability or was a direct result of the LEA’s failure to implement the student’s IEP. In sections II-A and II-B, document the review team’s conclusions and the basis for the conclusions. If a student’s behavior in question was a direct result of the LEA’s failure to implement the student’s IEP, the behavior is a manifestation of the student’s disability, and the LEA must take immediate steps to remedy the failure to implement the IEP. Check the appropriate box in the “Summary” section to indicate whether the behavior in question was a manifestation of the student’s disability. 34 CFR § 300.530(e)(2).