Manifestation Determination Meeting Prep

YOUR IEP MEETING GAME PLAN
Prepared for: [Your child's name] | Manifestation Determination Review | [Meeting date]
Parent: [Your name] | School: [Your child's school]

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AGENDA ITEMS TO RAISE
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[ ] Walk through the two-question test under 34 CFR 300.530(e): (1) was the conduct caused by, or had a direct and substantial relationship to, [Your child's name]'s disability? (2) was the conduct the direct result of the school's failure to implement the IEP?
[ ] Review of [Your child's name]'s current IEP, including any FBA and BIP.
[ ] Detailed account of the incident from the school's perspective, with all incident reports and witness statements.
[ ] [Your child's name]'s disability profile and how it specifically connects to the behavior in question.
[ ] If the team finds it IS a manifestation: return to placement, FBA/BIP development or review per 34 CFR 300.530(f).
[ ] If the team finds it is NOT a manifestation: my disagreement on the record, with notice that I am preserving the right to an expedited due process appeal under 34 CFR 300.532.

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QUESTIONS TO ASK
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[ ] What is the team's specific finding on each of the two questions in 300.530(e)?
[ ] Was the IEP being implemented as written when the behavior occurred? Can the team show me documentation?
[ ] If there is no FBA: why not, and will one be conducted before the team makes a finding?
[ ] If there is a BIP: was it being implemented? When was it last reviewed?
[ ] What is the proposed interim alternative educational setting, and how will FAPE be provided there?
[ ] What is the timeline for [Your child's name]'s return to the regular placement?

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TALKING POINTS
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[ ] "I want the team to apply the two-question test under 34 CFR 300.530(e) carefully. If either question is yes, the conduct is a manifestation."
[ ] "[Your child's name]'s disability includes [specific characteristics]. The behavior in question is a direct and substantial expression of that profile because [specific reasoning]."
[ ] "If the IEP was not being implemented at the time of the incident, that alone makes this a manifestation under 300.530(e)(2)."
[ ] "If the team finds this is NOT a manifestation, I am putting on the record my disagreement and my intent to file for expedited due process under 34 CFR 300.532."

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YOUR RIGHTS IN THIS MEETING
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[ ] Under 34 CFR 300.530(e), the manifestation determination must occur within 10 school days of any decision to change placement due to a violation of a code of student conduct.
[ ] Under 34 CFR 300.530(f), if the conduct is a manifestation, the team must conduct or review an FBA, implement or modify a BIP, and return the child to the original placement (unless the parent agrees otherwise).
[ ] Under 34 CFR 300.532, I have the right to request an expedited due process hearing if I disagree with a "not a manifestation" finding. The hearing must occur within 20 school days, with a decision within 10 school days after.
[ ] Under 34 CFR 300.533, during the appeal, [Your child's name] remains in the interim alternative educational setting (a special stay-put rule for manifestation appeals, different from regular stay-put under 300.518).
[ ] Under 34 CFR 300.536, a series of short removals can add up to a change of placement, triggering manifestation rights.

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THINGS TO BRING
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[ ] The current IEP and BIP (if any).
[ ] All incident reports, suspension notices, and disciplinary records from the past school year.
[ ] Provider letters (psychologist, behavior analyst, therapist) connecting [Your child's name]'s disability to the type of behavior in question.
[ ] Any communication with the school about IEP implementation issues prior to the incident.
[ ] A written list of the specific disability characteristics relevant to the behavior.
[ ] An advocate or trusted second person to take notes and witness the meeting.