SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

MANIFESTATION DETERMINATION REVIEW

Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.

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Redacted letter
March 18, 2005
Topic: Manifestation Determination Review
Letter regarding the requirements of Part B of IDEA for conducting a manifestation determination review for children with disabilities in disciplinary situations.
download files MS Word (32K) | PDF (115K)

Letter to Mr. Geoffrey A. Yudien
August 1, 2003
Topic: Manifestation Determination Review
Letter clarifying that (1) nothing in the IDEA statute or regulations limits a manifestation determination review only to the disability that served as the basis for the eligibility determination and (2) the ten day timeline set forth in 34 CFR 300.523(a)(2) is not intended to preclude the IEP team from making an appropriate determination that additional evaluations must be completed in order to make a manifestation determination.
download files MS Word (28K) | PDF (117K)

Letter to Mr. Terry Brune
March 17, 2003
Topic: Manifestation Determination Review
Letter clarifying that, while the IDEA statute and regulations do not address the issue of conducting more than one manifestation determination review for the same incidence of behavior, any new information regarding the incident could be used as a basis for an IEP meeting to reexamine the student's program and placement.
download files MS Word (28K) | PDF (138K)

Letter to Mr. David P. Osterhout
July 25, 2000
Topic: Manifestation Determination Review
Letter clarifying the circumstances that constitute a change in placement that would trigger a manifestation determination review and the use of positive behavioral interventions, strategies, and supports to address the needs of students with behavioral issues.
download files MS Word (52K) | PDF (155K)

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Last Modified: 05/04/2007