What Is a Manifestation Determination and Why Is It So Important?
By Michelle Ball, California Education Attorney for Students since 1995 When a special education student is placed up for expulsion and/or a change of placement is recommended due to a conduct violation, school districts are mandated to convene a meeting (aka manifestation hearing) within 10 days where they make a "manifestation determination." This manifestation determination is supposed to determine if the conduct in question was related to the child's disability as defined under federal law. The manifestation hearing is a VERY important meeting as it can stop the entire expulsion/transfer process. However, most parents have no idea what is going on when they arrive at a manifestation hearing and/or how significant it is until after it is held. What is a Manifestation Hearing? Per volume 20 of the United States Code (USC) section 1415(k)(1)(E), districts must determine prior to moving toward expulsion or a change of placement: 1) "If the conduct in question wa...