Manifestation Determination
Manifestation Determination is a meeting that occurs to determine whether or not the inappropriate behaviour was the result of a student's impairment. There are several persons who are present at these meetings which are the parents/carers, teachers and members of the IEP team. Manifest determination hearings follow disciplinary actions by the school that result in expulsion or a changing in placement. If a disciplinary action involves a request for a suspension or other actions involving removal from a program for more that ten days, the IEP team must meet to determine whether the misconduct resulted from the disability.
During the meeting, the following two questions are discussed:
1. Was the behaviour in question caused by or any way related to the student's disability?
2. Are the charges brought against the student a direct result of the school’s failure to implement the IEP?
If the answer to one of the questions is 'Yes' then the student will not be expelled but a student's placement can be changed. If the answer is 'No' to both then the process of expulsion will continue. The expulsion of a student with a disability will occur as it would for a student without a disability.
The website below explains the process of MD in further detail and gives a case study example.
During the meeting, the following two questions are discussed:
1. Was the behaviour in question caused by or any way related to the student's disability?
2. Are the charges brought against the student a direct result of the school’s failure to implement the IEP?
If the answer to one of the questions is 'Yes' then the student will not be expelled but a student's placement can be changed. If the answer is 'No' to both then the process of expulsion will continue. The expulsion of a student with a disability will occur as it would for a student without a disability.
The website below explains the process of MD in further detail and gives a case study example.
The NICHCY also has useful information about MD, particularly who is involved and how the hearings are carried out