An MDR is a Manifestation Determination Review. It is a legally mandated, highly consequential meeting that protects students with disabilities from being unfairly expelled or repeatedly suspended for behaviors that are a direct result of their disability.
What is a Manifestation Determination Review?
Under the federal IDEA law, public schools cannot discipline a special education student in the exact same way they discipline a general education student if the misbehavior was caused by the student's disability. To figure out if the behavior and the disability are linked, the school must hold an MDR.
Schools are legally required to hold this meeting within 10 school days of any decision to change a student's placement due to disciplinary reasons. A "change of placement" usually means the student has been suspended for more than 10 consecutive school days, or that the student has faced a series of shorter suspensions that add up to more than 10 days in a single school year, creating a pattern of removal. The MDR team—which must include the parents, a district representative, and relevant members of the child's IEP team—must review all relevant information, including the child's IEP, teacher observations, and parent input.
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?
- Was the conduct in question the direct result of the school district's failure to implement the child's IEP?
If the team answers "Yes" to either of these questions, the behavior is legally considered a manifestation of the disability.
What happens if the answer is "Yes"?
If the team agrees that the behavior was caused by the disability or the school's failure to follow the IEP, the school cannot proceed with long-term suspension or expulsion. The student must be allowed to return to their original educational placement immediately, unless the parents and the school agree to a new placement to better support the child.
Furthermore, the school must take immediate corrective action. If the student does not already have a FBA and a BIP, the school must conduct one to figure out why the behavior happened and teach a replacement behavior. If the student already has a BIP, the team must review and modify it to ensure it is actually effective.
What happens if the answer is "No"?
If the team decides that the behavior had nothing to do with the child's disability, and the school fully implemented the IEP, the student can be disciplined exactly like a general education student. This means the school can proceed with long-term suspension or expulsion.
However, because the student has an IEP, the school district cannot simply send them home with nothing. Even if a special education student is expelled, the school must continue to provide them with a FAPE. The district must provide educational services in an alternative setting so the child can continue to progress toward their IEP goals and participate in 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 determines if the rule-breaking behavior was caused by the disability or the school's failure to follow the IEP.
- If the answer is "Yes," the child generally cannot be expelled and must return to school, and a behavior plan (BIP) must be created or updated.
- If the answer is "No," the child can be disciplined like any other student, but the school must still 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.
