Determining if a behavior is a manifestation of a disability is a process centered on understanding the underlying reasons for an individual’s actions. This determination is particularly important in settings that provide support and education, as it influences how challenging behaviors are addressed.
Understanding the Concept of Manifestation
A “manifestation of a disability” refers to a behavior that is a direct result of, or has a direct and substantial relationship to, an individual’s diagnosed disability. For example, a student with Tourette’s syndrome might have physical tics that cause them to accidentally hit another person. While hitting is a violation of conduct, the behavior is directly related to their disability.
This concept is applied in educational contexts, under frameworks like the Individuals with Disabilities Education Act (IDEA), to ensure equitable treatment for students with disabilities. The purpose is to prevent individuals from being unfairly disciplined for behaviors they may not be able to control due to their disability. This protection helps maintain their access to educational opportunities and appropriate support.
Key Factors in Determining Manifestation
To determine if a behavior is a manifestation of a disability, criteria are evaluated. The primary consideration is whether there is a direct and substantial relationship between the behavior and the individual’s disability. This involves examining if the disability caused or significantly influenced its occurrence.
Another factor is whether the disability impaired the individual’s ability to understand the impact and consequences of their behavior. This also includes assessing if the disability affected their ability to control the behavior. For instance, an individual with a disability that affects emotional regulation might react impulsively, even if they understand the rule.
The determination also considers if the behavior was a direct result of a failure to implement the individual’s support plan, such as an Individualized Education Program (IEP). Relevant information for this assessment includes evaluations, medical records, observations, and any existing IEPs or Behavior Intervention Plans (BIPs).
The Formal Determination Process
The formal process for determining if a behavior is a manifestation of a disability involves a team-based decision, called a Manifestation Determination Review (MDR) in educational settings. An MDR is convened when a disciplinary action could result in a significant change in an individual’s placement, such as a suspension or removal exceeding 10 days.
The team conducting the review usually comprises the individual’s parents, representatives from the Local Educational Agency (LEA), and relevant members of the support team, such as special education teachers or school psychologists. The meeting must occur within 10 school days of the decision to change the individual’s placement.
During the MDR, the team thoroughly reviews all pertinent information. This includes the individual’s educational records, current IEP, any prior behavioral assessments, and observations from teachers or other staff. They discuss the details of the behavior, considering the two main questions: whether the behavior was directly caused by the disability or if it resulted from a failure to implement the individual’s support plan. Based on this comprehensive review and discussion, the team collectively reaches a conclusion about the behavior’s relationship to the disability.
Implications of the Determination
The outcome of a manifestation determination has significant implications for how an individual’s behavior is addressed. If the behavior is determined to be a manifestation of the disability, disciplinary actions, such as expulsion, are generally not permissible. In such cases, the individual typically returns to their previous placement, unless the team and parents agree to an alternative setting.
When a behavior is found to be a manifestation, a Functional Behavioral Assessment (FBA) is usually conducted if one does not already exist. An FBA helps understand the specific reasons for the behavior. Following the FBA, a Behavior Intervention Plan (BIP) is developed or modified to provide strategies and supports to address the behavior proactively.
If the behavior is determined not to be a manifestation of the disability, standard disciplinary procedures may apply. However, even in these instances, the individual with a disability must continue to receive educational services. The team may still consider conducting an FBA and developing a BIP to address the behavior and ensure ongoing appropriate support.