Manifestation Review Hearings

What is a manifestation determination review?

A Manifestation Determination Review (commonly referred to as an MDR) is a process required under the Individuals with Diabilities Act (IDEA) to determine whether the behavior of a student with a disability that led to a disciplinary action, like expulsion or suspension, is directly related to their disability.  This process is typically triggered when a school proposed to change the placement of a student with a disability due to a violation of the student code of conduct, such as suspensions or expulsions that result in a removal from school for more than ten (10) days or a pattern of suspensions that constitute a change in placement.

When is a manifestation determination review required?

A MDR must be conducted within 10 school days of the decision to change the student’s placement. During the review, the student’s Individualized Education Program (IEP) team, including parents, examines all relevant information in the student’s file. The team determines whether the conduct in question is caused by or had a direct or substantial relationship to the student’s disability, or whether the conduct was the direct result of the school’s failure to implement the IEP.

What happens at a manifestation determination review hearing?

If the behavior is determined to be a manifestation of the student’s disability, the school cannot proceed with the disciplinary change in placement.  Instead, the IEP must conduct a Functional Behavioral Assessment (FBS) and implement or modify a Behavior Intervention Plan (BIP) to address the behavior.  If the behavior is not a manifestation of the disability, the school may apply the same disciplinary procedures as it would be students without disabilities, although the student must continue to receive educational services to enable them to participate in the general education curriculum and progress towards meeting their IEP goals.