<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 13A.08.03.08" title_num="13A" subtitle_num="08" chapter_num="03" heading="Manifestation Determination.">
  <paragraph num="A.">
    <text>The IEP team shall meet to determine whether a student's behavior that resulted in a disciplinary removal is a manifestation of the student's disability each time the student is subject to a removal:</text>
    <paragraph num="(1)">
      <text>As set forth in Regulation .03B of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>That constitutes a change of placement in accordance with Regulation .05 of this chapter; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>To an interim alternative educational setting in accordance with Regulation .06 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The IEP team shall meet within 10 school days of the date when school personnel take disciplinary action for the removal of a student with a disability as set forth in §A of this regulation to determine:</text>
    <paragraph num="(1)">
      <text>Whether the student's behavior that resulted in disciplinary removal is a manifestation of the student's disability; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The services to be provided during the removal in accordance with Regulation .06C of this chapter to ensure the provision of FAPE.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>In determining whether the student's behavior was a manifestation of the student's disability, the IEP team shall review:</text>
    <paragraph num="(1)">
      <text>All relevant information in the student's file;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Any teacher observations;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Any relevant information supplied by the parents; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The student's IEP.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>To determine that the behavior subject to the disciplinary action is a manifestation of the student's disability, the IEP team and other qualified personnel must make the determination that the student's behavior was:</text>
    <paragraph num="(1)">
      <text>Caused by or had a direct and substantial relationship to the student's disability; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The direct result of the public agency's failure to implement the student's IEP.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>If the IEP team determines the student's conduct was the direct result of the public agency's failure to implement the student's IEP, the public agency shall take immediate steps to remedy those deficiencies in accordance with 34 CFR §300.530(e)(3).</text>
  </paragraph>
  <paragraph num="F.">
    <text>If any of the determinations set forth in §D of this regulation are made, the IEP team shall consider the behavior a manifestation of the student's disability.</text>
  </paragraph>
  <paragraph num="G.">
    <text>If the IEP team determines that the student's behavior is a manifestation of the student's disability, the IEP team shall, as appropriate:</text>
    <paragraph num="(1)">
      <text>Conduct a functional behavioral assessment and implement a behavioral intervention plan if the public agency had not conducted such assessments prior to a disciplinary removal in accordance with Regulation .03B or .05 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Review the student's behavioral intervention plan and modify it, if necessary, to address the behavior; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Return the student to the student's placement from which the student was removed unless the parent and the public agency agree to a change of placement as part of a modification of the student's behavioral intervention plan.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>If the IEP team determines that the behavior is not a manifestation of the student's disability:</text>
    <paragraph num="(1)">
      <text>The student may be disciplined in the same manner as students without disabilities, including a period of suspension or expulsion, as set forth in COMAR 13A.08.01.11C; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The IEP team shall determine the extent to which services are necessary during the period of suspension or expulsion to enable the student to appropriately:</text>
      <paragraph num="(a)">
        <text>Progress in the general curriculum; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Advance toward achieving the goals of the student's IEP.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>On initiation of disciplinary actions as set forth in §H of this regulation, the principal shall transmit the student's special education and disciplinary records to the local school superintendent.</text>
  </paragraph>
</regulation>