Manifestation Determination Hearing

Within 10 school days of any decision to change the placement of a learner eligible for special education because of a violation of a code of student conduct, the school district, the parent, and relevant members of the student’s IEP team (as determined by the parent and the school district) must review all relevant information to determine if the conduct in question was caused by, or had a direct, substantial relationship to, the student’s disability; or if the conduct in question was the direct result of the district’s failure to implement the IEP. If it is determined the behavior was due to the learner’s disability, then the learner may not be held accountable.

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