Manifestation Determination Process in Special Education

Introduction to Manifestation Determination

In the school district under review, the process for making a manifestation determination is as follows: a parent must request a meeting with the Individual Education Program (IEP) team, which must hold the meeting no more than ten days following the request. A meeting will also be held regardless of parental request whenever a student is suspended for at least five consecutive days or ten cumulative days within a school year, when a disciplinary change is effected, or when expulsion is being considered.

IEP Team Procedures and Decision-Making

The team then determines whether the following stipulations are met in order to signify that a manifestation determination can be made. First, the team must gather data regarding evaluations of the child, any diagnostic testing that has been conducted, observations made, placement information, and any other information that can help in understanding the child's background and provide context for the setting (Office of Specialized Services, 2015).

The team then discusses whether the data gathered is substantial enough to make a manifestation determination, whether more information is needed, or whether the student requires a change in special education programming. A change may sometimes be warranted if the program itself — rather than the child's behavior — is identified as the underlying problem (Reschly, 1996).

If the team determines that more data is required, it must obtain written consent from the parent or guardian so that an evaluation may be performed. In doing so, the team must also inform the parent or guardian of the child's characteristics that are influencing this decision.

Simultaneously, the team must assess the performance of the school to ensure that all proper protocols are being followed. If any protocols have not been followed, these must be addressed before further action involving the child can be taken.

Once these steps are completed, the team can determine whether a manifestation determination applies. If it does not, appropriate disciplinary action may be taken. If it does, the team must create an appropriate plan of action to meet the needs of the student.

Applying the Process to Ralph's Case

In the case of Ralph, who was suspended for ten days, a team meeting would be convened to discuss the possibility of a manifestation determination. The IEP team would gather all relevant information and documentation, and if no prior evaluation has been performed, the team would seek written consent from Ralph's parent or guardian before proceeding. Once the information is gathered, a determination can be made regarding whether Ralph's behavior is linked to a learning disability.

If Ralph's behavior is not linked to a disability, the appropriate disciplinary action may be taken, the suspension upheld, and further measures pursued if necessary. If the behavior is linked to a disability, the suspension should be overturned and immediate steps taken to provide Ralph with an appropriate program — one that meets his needs and promotes better learning strategies and environments for him.

Conclusion and Recommendations

What must be taken into consideration with Ralph is the gathering of all relevant data, the obtaining of informed written consent from his parent or guardian for an evaluation to take place, and a decision — based on the information obtained — as to whether Ralph has a learning disability or whether his behavior was the result of an outburst unrelated to any disability. If the latter is the case, Ralph may be disciplined appropriately. If the former is the case, the school must assist him in meeting his special educational needs. The school district must make every effort to determine the facts of the case and must not rush to any preliminary decisions based on subjective or emotional responses to the situation.

References

Office of Specialized Services. (2015). Public Schools Special Education Services. Retrieved from http://specialed.spps.org/manifestation_determination2

Reschly, D. (1996). Identification and assessment of students with disabilities. Special Education for Students with Disabilities, 6(1), 40–53.

Wrights Law. (2015). Special Education Case Law. Retrieved from http://www.wrightslaw.com/caselaw.htm