Manifestation Determination Review Requirements and In-School Suspensions

A manifestation determination review is required when the educational placement of a student with a disability is changed due to discipline. A change of placement occurs if a student is removed from his or her regular, individualized education program-defined placement for more than 10 consecutive days or for a series of removals that constitute a pattern that totals more than 10 cumulative days in a school year.[1] Out-of-school suspensions always count as “removals.” According to federal regulations,[2] in-school suspensions do not count as “removals” toward a disciplinary change of placement if these three factors are present:

  1. The student is afforded the opportunity to continue to appropriately participate in the general curriculum;
  2. The student continues to receive the services that are in his or her individualized education program (IEP); and
  3. The student continues to participate with nondisabled students to the extent he or she would have in his or her current placement.

If any one of these three factors is not present, the in-school suspension counts as a “removal” toward the 10 cumulative or consecutive days. Whether the three factors are present is decided on a case-by-case basis.

In-school suspensions do, however, count as “removals” for the purposes of state and federal discipline data reporting.

This article also addresses:

=       Individuals with Disabilities Education Act (IDEA) Part B Discipline Data Collection

=       IDEA Disproportionality Categories

=       Reporting In-school Suspensions

=       Preemptive Strategies

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