Manifestation Determination
2012-09-12 08:20:05 by admin
Manifestation Determination: What the Law Requires
Manifestation Determination: How the Law Is Implemented
Disciplining students with disabilities is one of the most contentious practices that educators in public schools must face on a regular basis. In 1997, for the first time, and nine years after the Supreme Court’s only case involving the disciplining of students with disabilities, Honig v. Doe (1988), the Individuals with Disabilities Education Act (IDEA) codified the process by which school officials may discipline students with disabilities. Pursuant to the IDEA’s discipline provisions, school officials must engage in multidisciplinary decision-making processes and are prohibited from taking unilateral actions when students with disabilities violate school codes of conduct if there are questions about whether their misbehaviors are manifestations of their disabilities. This entry looks at these Manifestation Determinations and how they are implemented.
Theresa A. Ochoa
See also Behavioral Intervention Plan; Due Process Hearing; Honig v. Doe; Individualized Education Program (IEP); Stay-Put Provision
Further Readings
- Katsiyannis, A., & Maag, J. W. (2001). Manifestation Determination as a golden fleece. Exceptional Children, 8(1), 85–96.
- Russo, C. J., Osborne, A. G., & Borreca, E. (2005). The 2004 re-authorization of the Individuals with Disabilities Education Act. Education and the Law, 17(3), 111–117.
- Smith, C. R. (2000). Behavioral and discipline provisions of IDEA ’97: Implicit competencies yet to be confirmed. Exceptional Children, 66(3), 403–412.
- Smith, T. E. C. (2005). IDEA 2004: Another round in the reauthorization process. Remedial and Special Education, 26(6), 314–319.
- Turnbull, R., Huerta, N., & Stowe, M. (2006). The Individuals with Disabilities Education Act as amended in 2004. Upper Saddle River, NJ: Pearson Merrill Prentice Hall.
Legal Citations
- Honig v. Doe, 484 U.S. 305 (1988).
- Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.
- Concepts, Theories, and Legal Principles
- Technology
- Constitutional Rights and Issues
- Organizations and Institutions
- Desegregation and Affirmative Action
- Statutes and Treaties
- Student Rights and Welfare
- Curricular and Instructional Issues
- Litigation
- Collective Bargaining
- Prayer and Religious Activities in Public Schools
- Teacher Rights
- Collective Bargaining
- State Aid and the Establishment Clause
- Special Education and Rights of Disabled Persons
- Biographies
- Teacher Rights
- Student Rights
- Special Education and Rights of Disabled Persons
- Curricular Governance Issues
- Educational Equity
- Religious Freedom
- Governance Issues
- Parental Rights
- Religion in Public Schools
- Jurisdiction of U.S. Supreme Court
Featured post
This is a wider card with supporting text below as a natural lead-in to additional content.
Continue readingPost title
This is a wider card with supporting text below as a natural lead-in to additional content.
Continue reading