In determining whether the child’s behavior is a manifestation of the child’s disability, the school district, the parent, and relevant members of the IEP team (as determined by the parent and the district) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine:
If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
If the conduct in question was the direct result of the school district’s failure to implement the IEP.
If the school district, the parent, and relevant members of the IEP team determine that either subsection (1)(a) or (b) is applicable for the child, the conduct must be determined to be a manifestation of the child’s disability.
If the basis for the team’s determination is that the school district did not implement the child’s IEP, the school district must take immediate steps to remedy those deficiencies.