Manifestation Determinations Under the New Individuals with Disabilities Education Act: An Update

April 2012

About this Article

This article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs interpretations, and published hearing and review officer and court decisions that provide legal guidance as to the application of the manifestation provisions of IDEA 2004 and its 2006 regulations. The results reveal that thus far:

  • the hearing and review officer and court decisions applying the new, causality criteria have continued at a higher but still modest rate (i.e., frequency per year) as the case law under the prior criteria;
  • the conduct in question remained focused primarily on drugs and, in various forms, violence;
  • specific learning disability and other health impairment (attention-deficit/hyperactivity disorder) continued to predominate as the disabilities at issue, but the Diagnostic and Statistical Manual of Mental Disorders diagnosis of oppositional defiant disorder became more frequent than in the prior case law;
  • the only new notable decisional factor was burden of proof;
  • the outcomes of the new case law has, with an unexpected but limited reduction, continued to predominate in favor of determinations that the child’s disciplined conduct was not a manifestation of the child’s disability; and
  • procedural issues have played a limited role in terms of reversing such district manifestation determinations. (from source)

Note: Case Law is a very dynamic field, and cases are routinely overturned or modified by subsequent decisions. Articles on this site should not be considered to represent the full breadth of the law or the most current information. For specific, current information, you should consult a legal professional.

Back to top

General Information

Read this article:  NICHCY was granted permission to post the published article as it appeared in Remedial and Special Education.

The article: http://parentcenterhub.org/wp-content/uploads/repo_items/journals/zirkel5.pdf

APA Citation:  Zirkel, P. (2010).  Manifestation determinations under the new Individuals with Disabilities Education Act: An update. Remedial and Special Education, 31(5), 378-384.

Author:  Zirkel, Perry A.

Title:    Manifestation Determinations Under the New Individuals with Disabilities Education Act: An Update

Year:   2010

Journal:  Remedial and Special Education

Publisher: The Hammill Institute on Disabilities

Volume: 31

Issue:   5

Pages:  378-384

Back to top

Is this article copyrighted?

Yes.  NICHCY expresses its appreciation to The Hammill Institute on Disabilities for its generous permission to post this article on our website and Dr. Perry Zirkel for supplying us with the published version.

While material produced by NICHCY is copyright free, this article is not. The original publisher of this article The Hammill Institute on Disabilities holds the copyright to the article, whether in print or electronic form. You may view, download, print, or save the article’s content for the purposes of research, teaching, and/or private study. Please do not reproduce, post, redistribute, sell, modify, or create a derivative work of this content without prior, express written permission of the publisher.
For permission to reprint or copy this article, contact the Hammill Institute on Disabilities, 8700 Shoal Creek Blvd., Austin, TX 78757-6897.  Phone: 512-451-3521, ext. 687.