Rancho Cucamonga Attorneys Providing Guidance In Manifestation Meetings

When a special education student is found to have violated the California Education Code, a school district is required to set up an Individualized Educational Program (IEP) meeting which serves as a manifestation determination. A school district is also required to provide a special education student with a manifestation determination when that student has been suspended for 10 or more school days within a single school year, as that is considered a change of placement.

At the Law Offices of Liu & Naime in Rancho Cucamonga, our lawyers have extensive experience handling a wide range of issues that arise in special education law, including matters involving manifestation meetings. To learn more about how we may be able to assist your family, contact us online or call 909-285-1168 for a free consultation.

The Process Of Manifestation Determinations

A school district must conduct a manifestation determination within 10 school days of a decision to change the placement of a pupil with a disability due to a violation of the code of student conduct. The manifestation determination team must consist of a school district representative, the parents, and relevant members of the IEP team as determined by the parents and the school district.

Once this team has been assembled, they must review all relevant information in the file of the child, including the IEP, any observations of teachers, and any relevant information from the parents to determine if the child's conduct was caused by, or had a direct and substantial relationship to, the child's disability, or if the child's conduct was the direct result of the district's failure to implement the IEP.

If the team decides that either of the two factors applies, then the conduct must be determined to be a manifestation of the child's disability. If it is determined to be a manifestation, a child cannot be expelled and the school district is required to conduct a functional behavior assessment of that child in order to provide further behavior interventions in the area related to the underlying incident. If the team determines that the child's conduct was not a manifestation of his or her disability, the district may apply to the disabled child the same disciplinary procedures, in the same manner and for the same duration, as would be applied to a general education student.

Contact Our Lawyers If You Are The Parent Of A Child With Special Needs

Our attorneys can serve as your guides and advocates throughout the manifestation determination process. To learn more, contact us online or call 909-285-1168 to schedule a free consultation to discuss your situation.