Chapter 8: Behavior and Discipline

Manifestation Determination Review

There may be occasions when responses to a student's behavior that is addressed in the Individual Education Program (IEP) is not consistent with general school rules. If implementing the general school rules results in removal from school that exceeds 10 school days either consecutively or cumulatively, then the Pupil Evaluation Team (PET) will need to determine whether or not the behavior at issue was a manifestation of the student's disability. This is referred to as the Manifestation Determination Review.

The school must notify the parents and provide them with a copy of the Procedural Safeguards. The PET must then be convened to conduct a Manifestation Determination Review. The purpose of the Review is to determine the relationship between the student's disability and the behavior subject to the disciplinary action. The Manifestation Determination Review should be done immediately, but no later than 10 school days after the decision to remove the student is made.

If any one of the three standards (Maine State Education Regulations (MSER), Chapter 101, Section 14.6 a, b, c) of are not met, then the behavior must be considered a manifestation of the student's disability. Further, if the PET identifies deficiencies in the student's IEP or placement, it must take immediate steps to remedy those deficiencies.

"If a student with a disability engages in a behavior that violates any rule or code of conduct of the school and that behavior results in a suspension of 10 days consecutive or cumulative, then the school must initiate a manifestation determination review." (MSER, Chapter 101, Section 14.6, p. 92)

If all three standards are met and the PET determines that the behavior was NOT a manifestation of the student's disability, then the student is subject to the same disciplinary action that would apply to students without disabilities. The school still must ensure provision of Free Appropriate Public Education (FAPE).

Parents should note that changes in placement may occur as part of this process, including a referral to an interim alternative educational setting, if weapons or drugs are involved, or if the safety of others is an issue. The school can order the interim alternative educational placement for incidents involving drugs or weapons. A hearing officer can order it for safety reasons.

MSER, Chapter 101, also states that the PET may complete a Functional Behavioral Assessment (FBA) and develop a Behavior Intervention Plan (BIP) at the same PET meeting that the Manifestation Determination is completed.

Parent Appeal of the Manifestation Determination or Interim Alternative Educational Setting

If the parent disagrees with the decision that the behavior was not a manifestation of the disability, or with any decision regarding placement, the parent may request a hearing. Disagreement should be stated at the PET meeting. An expedited hearing may be requested by the parent or the school.

FMI: See EXPEDITED HEARING in Chapter 7.

“In carrying out a review described in paragraph (a) of this section, the Pupil Evaluation Team and other qualified personnel may determine that the behavior was not a manifestation of the student’s disability only if the PET and other qualified personnel: 1. First consider, in terms of the behavior subject to disciplinary action, all relevant information, including: (a) Evaluation and diagnostic results, including the results or other relevant information supplied by the parents of the student; (b) Observations of the student; and (c) The student’s IEP and placement: and 2. Then determine that (a) In relationship to the behavior subject to disciplinary action, the student’s IEP and placement were appropriate and the special education services, supplementary aids and services and behavior intervention strategies were provided consistent with the student’s IEP and placement; (b) The student’s disability did not impair the ability of the student to understand the impact and consequences of the behavior subject to disciplinary action; and (c) The student’s disability did not impair the ability of the student to control the behavior subject to disciplinary action." (MSER, Chapter 101, Section 14.6 C(A), p. 94)