What process will determine whether the disciplinary infraction was the direct result of a child's d

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In order to determine whether the disciplinary infraction was the DIRECT result of a child's disability, the LEA, the parent and the relevant members of the IEP Team must determine whether the conduct in question was a "manifestation of the child's disability."  This process is called a manifestation determination.  The manifestation determination will analyze the child's behavior as demonstrated across settings and across time when determining whether the discipline infraction is a DIRECT result of the child's disability.  Previously, the LEA had to provide that the child's action resulting in the discipline infractions WAS NOT caused by the child's disability.  The new IDEA places the obligation on the PARENT to show that the child's action resulting in the discpline infraction WAS the direct result of the child's disability.  Source:  IDEA Guide to Frequently  Asked Questions.

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