A manifestation determination is a meeting that must be held after a decision to change the placement of a student with a disability because of a violation of a student code of conduct. (20 USC 1415(k)(1)(E)(i);34 CFR 300.530(e)(1))

At the meeting, participants review the incident that led to the most recent exclusion to determine

  • if the conduct in question was caused by, or had a direct and 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
    student’s IEP. (20 USC 1415(k)(1)(E)(i);34 CFR 300.530(e)(1))

If the answer to either question is yes, then the conduct is a manifestation of the student’s disability. In such a case, there may be no change in placement unless otherwise agreed by all parties, and no disciplinary measures may be taken against the student. ( 34 CFR 300.530(e)(2))

From Here.