What Is A Manifestation Determination Review?

Manifestation Determination Review

What Parents Need to Know

When a student with a disability faces suspensions exceeding a certain number of days or expulsion, federal law requires schools to follow specific procedures. One of the most important is the Manifestation Determination Review (MDR). This review helps determine whether the student’s behavior was caused by their disability or a failure to implement the IEP correctly.

What Is a Manifestation Determination Review?

A Manifestation Determination Review is a legal process under the Individuals with Disabilities Education Act (IDEA) to determine whether the behavior of a child with a disability led to a disciplinary action is directly related to their disability or the failure to implement their Individualized Education Program. An MDR takes place when a school wants to remove a student with a disability from their educational setting for more than ten school days due to behavior.

The school must hold a meeting with the student’s Individualized Education Program (IEP) team. This team includes school staff, the student’s parents, and others involved in the student’s education.

The team must answer two questions:

1. Was the behavior caused by, or did it have a direct and substantial relationship to, the student’s disability?

2. Was the behavior the result of the school’s failure to follow the student’s IEP?

This process ensures that students with disabilities are not unfairly punished for behaviors linked to their disability.

When Can a Parent Request a Manifestation Determination Review?

Parents have the right to request a Manifestation Determination Review if the school proposes a disciplinary removal of more than ten consecutive school days. This review is mandated when a decision is made to change the placement of a child with a disability due to a violation of a code of student conduct. This includes:

• Long-term suspension

• Expulsion

• Any disciplinary change in placement

Even if the school does not offer a review, parents can and should ask for one if they believe the behavior may be connected to the student’s disability. The school is legally required to conduct the review within ten school days of the disciplinary decision.

What Happens During a Manifestation Determination Review?

The IEP Team will meet to determine whether the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or whether the conduct was the direct result of the local educational agency’s failure to implement the IEP.

During the review, the IEP team will:

• Review the student’s educational records

• Consider the student’s IEP and behavior plan

• Examine teacher observations and recent evaluations

• Discuss the incident and whether it was caused by the student’s disability

Possible Outcomes of a Manifestation Determination Review

There are two possible outcomes:

1. The Behavior Is a Manifestation of the Disability

If the behavior is determined to be a manifestation of the child’s disability, the child cannot be disciplined in the same manner as a child without a disability. Instead, the IEP team must conduct a functional behavioral assessment (if not already done) and implement or modify a behavioral intervention plan to address the behavior.

If the behavior is found to be related to the disability or the IEP was not followed:

• The student must return to their previous placement (unless the behavior involved drugs, weapons, or serious bodily injury)

• The IEP team may conduct a Functional Behavioral Assessment (FBA)

• The team may develop or revise a Behavior Intervention Plan (BIP)

2. The Behavior Is Not a Manifestation of the Disability

If the behavior is not determined to be a manifestation of the child’s disability, the child may be disciplined in the same manner as a child without a disability, including placement in an alternative educational setting. However, the child must continue to receive educational services to enable them to participate in the general education curriculum and progress toward meeting the goals in their IEP.

If the behavior is not related to the disability and the IEP was implemented correctly:

• The school may apply the same disciplinary action as it would for a student without a disability

• The student must still receive educational services during the removal period

Why Manifestation Determination Reviews Matter

A Manifestation Determination Review protects students with disabilities from being disciplined unfairly. It holds schools accountable and ensures that disabilities are not overlooked when addressing behavioral issues.

Parents should attend the meeting fully prepared and may bring a special education attorney or advocate. If the team’s decision seems incorrect, parents can challenge the outcome through mediation or a due process hearing.

Need Legal Help With a Manifestation Determination Review?

If your child is facing school suspension or expulsion, and you believe the behavior may be related to a disability, legal support can make a significant difference. An experienced education lawyer can help you navigate the MDR process and protect your child’s rights.