WAC 72-120-309   Procedures for conducting a manifestation determination.  The individualized education program team and other qualified personnel in a meeting shall conduct a manifestation determination review. In carrying out the review, the team may determine that the behavior of the student was not a manifestation of the student's disability only if the team:

     (1) First considers, in terms of the behavior subject to disciplinary action, all relevant information, including:

     (a) Evaluation and diagnostic results, including the results of other relevant information supplied by the parents of the student;

     (b) Observations of the student; and

     (c) The student's individualized education program and placement.

     (2) Then determines that:

     (a) In relationship to the behavior subject to disciplinary action, the student's individualized education program and placement were appropriate and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the student's individualized education program and placement;

     (b) The student's disability did not impair the ability of the student to understand the impact and consequences of the behavior subject to disciplinary action; and

     (c) The student's disability did not impair the ability of the student to control the behavior subject to disciplinary action.

     (3) If the team determines that any of the above standards in this section were not met, the behavior must be considered a manifestation of the student's disability.

     (4) The manifestation determination review described in this section may be conducted at the same individualized education program meeting that is convened to address a functional behavioral assessment and behavioral intervention plan.

     (5) If the review identifies deficiencies in the student's IEP or placement or in their implementation, the school will take immediate steps to remedy those deficiencies.



[Statutory Authority: RCW 72.4.011 [72.40.022]. 01-16-023, § 72-120-309, filed 7/20/01, effective 8/20/01.]