Under IDEA ‘04, a case conference committee (CCC) must answer the following two questions when determining if a student’s misconduct is a manifestation of the student’s disability:

1. is the conduct in question caused by or does it have a direct and substantial relationship to the student’s disability; or
2. is the conduct in question the direct result of the school’s failure to implement the IEP?

Language in proposed Article 7 also asks the CCC to consider the two questions set forth above. This is a change from current Article 7, which requires the CCC to consider the following four questions when making a manifestation determination:

1. In relationship to the behavior subject to the disciplinary action, was the IEP and placement appropriate?
2. Were the special education services and behavioral intervention strategies provided consistent with the IEP?
3. Did the student’s disability impair their ability to understand the impact and consequences?
4. Did the student’s disability impair his/her ability to control the behavior subject to the disciplinary action?

What are your thoughts or comments on this?