If a special education student's placement changes due to a code of conduct violation, what review must occur within 10 school days?

The requirement for a manifestation determination review stems from the need to assess whether a student's behaviors that led to a disciplinary action are directly linked to their disability. When a special education student's placement changes, especially if it involves suspension or expulsion, this review serves to determine if the conduct in question was a manifestation of the student's disability.

The manifestation determination review involves the individual educational program (IEP) team and considers whether the conduct was caused by, or had a direct and substantial relationship to, the student’s disability. This critical review is designed to protect the rights of students with disabilities and ensures they are not being punished for behaviors that are a direct result of their condition.

Conducting this review within 10 school days is mandated to ensure timely evaluation and support for the student, maintaining compliance with federal regulations, specifically the Individuals with Disabilities Education Act (IDEA). If it is determined that the behavior was a manifestation of the disability, the school must take steps to support the student rather than discipline them in a way that doesn't take their needs into account.