An MDR, short for Manifestation Determination Review, is a required and important meeting. It safeguards students with disabilities from being improperly expelled or repeatedly suspended for behavior that is directly caused by their disability.
What does a Manifestation Determination Review involve?
The federal IDEA law prevents public schools from disciplining a student with a disability in the same way they would a general education student when the misconduct was the result of the student's disability. If there is any question about whether the behavior was caused by the disability, the school must carry out a manifestation determination review (MDR).
When a school decides to change a student's placement for disciplinary reasons, it must hold this meeting within 10 school days. A "change of placement" typically happens if a student is suspended for more than 10 consecutive school days or if several shorter suspensions within one school year total over 10 days and form a pattern of removal. The MDR team must include the parents, a district representative, and the appropriate members of the child's IEP team, and it must examine all pertinent information, such as the IEP, observations from teachers, and input from parents.
The two key questions of an MDR
During the meeting, the team must answer two specific legal questions to determine if the behavior was a "manifestation" of the child's disability:
- Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?
- Did the conduct at issue occur directly because the school district failed to carry out the child's IEP?
If the team answers "Yes" to one or both of these items, the conduct is legally treated as a manifestation of the disability.
What happens if the answer is "Yes"?
If the team finds the behavior was caused by the student's disability or by the school's failure to follow the IEP, the school may not impose a long-term suspension or expulsion. The student must be returned immediately to their original educational placement unless the parents and the school agree to a different placement that better supports the child.
The school must act quickly to correct the situation. If the student does not already have a FBA and a BIP, the school should carry them out to determine why the behavior occurred and to teach an alternative, appropriate behavior. If a BIP is already in place, the team must review it and make changes so it actually works.
What happens if the answer is "No"?
If the IEP team determines the conduct was unrelated to the child's disability and the school carried out the IEP as written, the student may be disciplined the same way as a general education student. That discipline can include long-term suspension or expulsion.
When a student has an IEP, the school district cannot simply send them home without services. Even if the student is expelled, the district must continue to provide a FAPE. The district must arrange education in an alternative setting so the child can keep making progress on IEP goals and access the general education curriculum.
Special circumstances (Weapons and Drugs)
There is a critical exception in the law regarding dangerous situations. If a student brings a weapon to school, possesses or sells illegal drugs at school, or inflicts "serious bodily injury" on another person at school, the school district has special authority. Regardless of whether the behavior was caused by the disability, the school can immediately remove the student to an Interim Alternative Educational Setting (IAES) for up to 45 school days to ensure the safety of the building.
What parents can do
An MDR is an incredibly stressful meeting because the threat of expulsion hangs over it. Parents must prepare aggressively. Bring all medical documentation, letters from outside therapists, or psychological reports that describe your child's symptoms. For example, if your child has an ADHD diagnosis and impulsive behavior is a well-documented medical symptom, bring evidence to show the team that the impulsive rule-breaking was indeed directly related to the disability.
If you disagree with the school's final decision that the behavior was not a manifestation, you have the right to immediately appeal the decision by requesting an expedited Due Process hearing. During an expedited appeal, the child remains in their disciplinary setting (like a suspension) until the hearing officer makes a ruling or the suspension expires.
Key points for parents
- An MDR is required if a special education student faces a suspension of more than 10 days in a school year.
- The meeting decides whether the student's misconduct was a result of their disability or because the school failed to follow the IEP.
- If the answer is "Yes," expulsion is generally not permitted; the child should return to school, and staff must create or update a behavior plan (BIP).
- If the answer is "No," the student may receive the same discipline as any other pupil; nonetheless, the school must continue to provide educational services.
- Special rules apply if the incident involved weapons, illegal drugs, or serious bodily injury, allowing a 45-day removal regardless of the MDR outcome.
