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ERIC Number: EJ804083
Record Type: Journal
Publication Date: 2006-Nov
Pages: 10
Abstractor: ERIC
Reference Count: 82
ISBN: N/A
ISSN: ISSN-1525-1810
Manifestation Determinations Under the Individuals with Disabilities Education Act: What the New Causality Criteria Mean
Zirkel, Perry A.
Journal of Special Education Leadership, v19 n2 p3-12 Nov 2006
The special safeguards and standards under the Individuals with Disabilities Education Act (IDEA) for disciplinary "removals," or suspensions and expulsions, are complicated and controversial. The manifestation-determination (M-D) requirement plays a central role in this special framework (Zirkel, 2003). The 2004 Amendments of the IDEA made significant changes in the discipline provisions, particularly in the specifications for the M-D requirement. The new M-D criteria changed from a primary focus on the appropriateness of the IEP and a secondary focus on control and consequences to two causal factors: (1) whether the student's disability caused, or had a substantial relationship to, the conduct subject to discipline; or (2) whether said conduct was the direct result of the district's failure to implement the Individualized Education Program (IEP). This article presents a practical analysis of the new M-D criteria based on a systematic synthesis of the previous pertinent published case law. (Contains 2 tables and 1 figure.)
Council of Administrators of Special Education. Fort Valley State University, 1005 State University Drive, Fort Valley, GA 31030. Tel: 478-825-7667; Fax: 478-825-7811; Web site: http://www.casecec.org
Publication Type: Information Analyses; Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act