Introduction

At specific times, and for certain violations of the student code of conduct, IDEA’s discipline procedures require school systems to conduct what is known as a “manifestation determination review.” The purpose of this review is to determine whether or not the child’s behavior that led to the disciplinary infraction is linked to his or her disability.

Manifestation determinations were first introduced into IDEA with the 1997 amendments. The process has been simplified under IDEA 2004, which now:

• limits the requirement to perform a manifestation determination to removals that constitute a change of placement under IDEA’s disciplinary procedures; and
• does not require a manifestation determination for removals for less than 10 consecutive school days that do not constitute a change in placement.

As the Senate HELP committee observed, what is now required is “a more simplified, common sense procedure for schools to use.”