CENTER FOR LAW AND EDUCATION

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Question:         Who are the “other qualified personnel” who must be members of the group conducting manifestation reviews under the Individuals with Disabilities Education Act (IDEA)?

Answer:           Under IDEA, a manifestation review must be conducted, and a manifestation determination made, before a child with a disability may be excluded from her current educational placement for more than ten days, including where a shorter suspension is part of a pattern of exclusions that together exceed ten days in a school year. The purpose of the review is to explore the relationship between the behavior at issue and the child’s disability and educational program and services. It is conducted, and the manifestation determination made, by the IEP team (which by definition includes the child’s parents) and other “qualified personnel.” 20 U.S.C. §1415(k)(4)(B); 34 C.F.R. §300.523(b) (1999). It may determine that the behavior was not a manifestation of disability only if:

•     in relationship to the behavior at issue, the child’s IEP and placement were appropriate, and that all services were implemented consistent with the IEP; and

•     the child’s disability did not impair her ability to understand the impact and consequences of the behavior at issue; and

•     the disability did not impair his ability to control the behavior.

20 U.S.C. §1415(k)(4)(C)(ii); 34 C.F.R. §300.523(c)(2) (1999).

      Neither IDEA itself nor the regulations specify who the “qualified personnel” involved in making these determinations must be. However, the fact that this provision was included in the law shows that Congress recognized that IEP teams alone do not have the expertise to determine the relationship between disability and behavior. The “qualified personnel” who supplement the IEP team must bring this expertise to the group, of which they must be an integral part, and enable it to evaluate the factors listed in the law in regard to this particular child. At a minimum, it would seem that in order to do so, these qualified personnel must include individuals with expertise in the child’s disability (or disabilities), including it’s potential developmental, cognitive, educational and behavioral consequences; in interpreting (and understanding the limits of) existing evaluation data and other information about the child; in identifying and understanding what triggered the behavior, including expertise in functional behavior analysis; in appropriate behavioral supports and strategies for children with his particular disability, strengths and needs; in assessing the appropriateness of the services being provided to the child, any issues regarding their implementation, and the impact on the child and her behavior; and, where the child has limited English proficiency, in any language issues that may be relevant to the behavior or incident at issue.

ELO

11/99