Manifestation Determination (25B)
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Student name , Date of birth IEP date
 

 
The Manifestation Determination team decided that the student's behavior:
 
was a manifestation of his/her disability was a manifestation of his/her disability (requires a yes on any one of the above two items)
 
Discipline proceedings may not occur at this time.
 
  Functional behavior assessment to be conducted (unless already conducted) and behavior plan to be implemented, or  
 
  If a behavioral intervention plan has been developed, plan will be reviewed and modified as necessary  
 
  Comments:  
 
 
was not a manifestation of his/her disability (requires a no on both of the above two items)
 
  Proceed with disciplinary proceedings, all conditions have been met. (Behavior not a manifestation of student's disability, student understood impact and consequences of behavior, student could control behavior, and services and supports were correct at time of incident).
 
  Comments:  
 
 
Parent  agrees disagrees  with the determination of the Manifestation Determination team
 
  Comments:  
 
 

 
Parent received copy of Procedural Safeguards (Parent Rights): Yes No   Date Date
 
Signatures
 

     
Relation    (if other, specify:)   Date
 

     
Parent       Date
 

 
 
    Title   Date
 

 
 
    Title   Date
 

 
 
    Title   Date
 

 
 
    Title   Date
 

 
 
    Title   Date
 

 
 
    Title   Date
 

 
  CFR 300.530

(e) Manifestation determination.

(1) 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 LEA, the parent, and relevant members of the child's IEP Team (as determined by the parent and the LEA) must review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine-- (i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or (ii) If the conduct in question was the direct result of the LEA's failure to implement the IEP. (2) The conduct must be determined to be a manifestation of the child's disability if the LEA, the parent, and relevant members of the child's IEP Team determine that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met. (3) If the LEA, the parent, and relevant members of the child's IEP Team determine the condition described in paragraph (e)(1)(ii) of this section was met, the LEA must take immediate steps to remedy those deficiencies.

(f) Determination that behavior was a manifestation.

If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child's disability, the IEP Team must-- (1) Either-- (i) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or (ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and (2) Except as provided in paragraph (g) of this section, return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.