Prior to the manifestation determination, the assigned supervisor of special education completed the manifestation determination review sheet. The school district defined the student’s actions as an assault and scheduled disciplinary proceedings and a manifestation determination. The school district conducted an investigation, which included obtaining statements only from the teachers who witnessed the incident. In Z.B, the student, diagnosed with ADHD, allegedly assaulted a teacher. All relevant members of the student’s IEP team must be present. A manifestation determination hearing must occur within ten (10) days of the date that the school district takes disciplinary action that constitutes a change of educational placement. A manifestation determination, as the chief protection afforded to special education students in the disciplinary context, is the process school districts must conduct when considering the exclusion of an eligible student with a disability or a child thought to have a disability. Recently, the United States District Court for the Eastern District of Pennsylvania addressed the need for a thorough analysis when conducting a manifestation determination. Click here to download a pdf of the article
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