Removals constituting a change of placement, meaning the removal will exceed ten (10) consecutive school days, require a manifestation determination review, wherein the team must ask:

1. Was the conduct in question caused by, or have a direct and substantial relationship disability; or to, the child’s

2. Was the conduct in question the direct result of the LEA’s failure to implement the IEP. 20 U.S.C. §1415(k)(1)(E)(i), 34 CFR §300.530(e).

Unidentified Children

Whether a child could assert the disciplinary protections of IDEA depends on the school’s knowledge of the child before the misconduct occurred. 20 U.S.C. 1415(k)(5)(B)-(C).

The school will have knowledge if:

1. Parent of the child expressed concern in writing to school officials or a teacher that the child needed special education;

2. Parent requested an evaluation; or

3. Teacher or other school personnel expressed specific concerns about a pattern of behavior to school officials.

The school will not have knowledge if:

1. School has evaluated and determined the child ineligible; or

2. Referral was made and parent refused evaluation or services.