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Manifestation determination: rulings of the courts

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Abstract:

A legal history of the logic behind the manifestation determination meeting was compiled based on a review of the literature. In addition a search of the Individuals with Disabilities Education law Reporter (IDELR) was conducted to identify manifestation determination cases decided after 1994 and before 2003. This time frame gave an indication of the rulings before and after the 1997 IDEA enactment, in order to examine the impact of these regulations. The result of this research indicates that more cases went to hearing after the 1997 enactment. School districts rely on administrative professionals to be aware of the legal procedures regarding manifestation determination decisions and that eighty nine out of ninety nine cases where decided strictly on these procedural issues. It also indicated that the school is not following correct procedures on nearly 50% of the cases that were reported.

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/09539960600919928

Affiliations: Bloomsburg University, USA

Publication date: June 1, 2006

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