A Manifestation Determination Review (MDR) is a federally mandated process within special education law. It is designed to protect students with disabilities from being unfairly disciplined for behaviors directly related to their condition. The review ensures that a student’s misconduct is not simply a symptom of their disability before the school can proceed with a change in placement, such as a long-term suspension or expulsion. The process requires a careful, team-based evaluation of the student’s history, disability, and the specific incident. By examining the relationship between the behavior and the student’s disability, the MDR helps determine the most appropriate educational path forward. The ultimate goal is to maintain a student’s right to a Free Appropriate Public Education (FAPE).
Disciplinary Actions That Trigger the Review
The legal requirement for a Manifestation Determination Review is activated when a disciplinary action results in a “change of placement” for a student with an Individualized Education Program (IEP). A change of placement is defined under the Individuals with Disabilities Education Act (IDEA) by two primary conditions. The first is a disciplinary removal of more than ten consecutive school days. The second, and more common condition, is a series of removals that constitutes a pattern, totaling more than ten school days in a single school year. This pattern is established by considering factors like the length of each removal, the proximity of the removals to one another, and the nature of the student’s behavior across the incidents. The MDR must be conducted within ten school days of the decision to change the student’s placement.
Certain severe violations, such as those involving weapons, illegal drugs, or the infliction of serious bodily injury, allow school personnel to remove the student to an Interim Alternative Educational Setting (IAES) for up to 45 school days. However, even in these specific circumstances, the MDR process is still legally required to take place within the ten-day timeframe.
The Manifestation Determination Review Process
The Manifestation Determination Review is a meeting conducted by a group of individuals who are knowledgeable about the student, the meaning of the evaluation data, and the specific placement decision. The team typically includes the student’s parents, relevant members of the IEP team, a representative of the Local Education Agency (LEA) qualified to supervise special education, and often an individual, such as a school psychologist, who can interpret evaluation results. The team’s collective task is to review all relevant information in the student’s file, including the IEP, teacher observations, and any information provided by the parents.
The team then must formally address two specific, legally defined questions based on the review of the evidence.
Question 1: Relationship to Disability
Was the behavior that led to the disciplinary action caused by, or did it have a direct and substantial relationship to, the child’s disability? This requires a deep understanding of how the student’s specific disability, such as an emotional disorder or a learning disability, might functionally impair their ability to understand consequences or regulate their actions.
Question 2: Failure to Implement IEP
Was the behavior in question the direct result of the school’s failure to implement the child’s Individualized Education Program (IEP)? This part of the review checks for compliance, examining whether all services, accommodations, and supports outlined in the IEP were delivered as written. For example, if a student’s IEP included a specific behavior intervention plan (BIP) that the school failed to follow, the resulting misconduct would be considered a manifestation.
If the team determines that the answer to either of these two questions is “Yes,” the student’s conduct is legally determined to be a “manifestation” of the disability. The behavior is not considered a manifestation only if the team answers “No” to both questions. This formal determination dictates the subsequent educational and disciplinary actions.
Determining the Educational Outcome
The outcome of the MDR directly determines the school’s next required steps regarding the student’s placement and services.
If Behavior Is a Manifestation
If the team concludes that the behavior was a manifestation of the student’s disability, the student cannot be disciplined in the same manner as a non-disabled student, and the disciplinary charges must be dismissed. The student must generally be returned to the placement from which they were removed, unless the parents and the school agree to a different placement as part of a modified plan.
When the behavior is confirmed to be a manifestation, the IEP team must take specific corrective actions to address the underlying cause. The team is required to either conduct a Functional Behavioral Assessment (FBA) to better understand the function of the behavior, or, if an FBA already exists, review and revise it. This assessment leads to the creation or modification of a Behavior Intervention Plan (BIP), which details proactive strategies and supports to teach alternative, appropriate behaviors. If the manifestation determination was based on the school’s failure to implement the IEP, the school must immediately remedy those deficiencies and ensure all services and accommodations outlined in the IEP are provided without delay.
If Behavior Is Not a Manifestation
If the MDR team determines that the behavior was not a manifestation of the disability, the student can be disciplined by the school in the same way as a student without a disability who committed a similar offense. However, even if the student is expelled or suspended long-term, the school must continue to provide the student with a Free Appropriate Public Education (FAPE). This means the student must continue to receive the special education and related services specified in their IEP, ensuring they do not lose access to necessary instruction, often in an alternative educational setting.
Parent Rights and Procedural Safeguards
Parents of a student with a disability are afforded specific procedural safeguards throughout the MDR process. Parents have the right to receive prior written notice of the MDR meeting, its purpose, and the disciplinary action being considered. They have the right to actively participate in the meeting, offering their perspective and providing any relevant evidence, such as outside medical reports, that supports a connection between the behavior and the disability.
If parents disagree with the outcome of the MDR, they have the right to challenge this decision. They can request an expedited due process hearing, which is an administrative legal proceeding designed to resolve disputes between parents and the school district. This expedited process requires the hearing to be held within twenty school days of the complaint, with a decision rendered within ten days after the hearing.
A significant protection during this dispute process is the “stay put” provision. This means the student remains in a specific educational placement while the hearing is pending. If the student was placed in an Interim Alternative Educational Setting (IAES), they will typically remain in that setting until the hearing officer issues a decision or until the time period for the disciplinary placement expires.