A manifestation determination review (MDR) is a formal procedure required under the Individuals with Disabilities Education Act (IDEA). The MDR determines if a student’s misbehavior is a result of their disability. This process ensures students with disabilities are not unfairly disciplined for behaviors linked to their condition. The core purpose is to distinguish between misconduct that is a conscious choice and behavior that directly stems from the student’s disability or the failure to provide required support.
Setting the Stage: Prerequisites for Review
An MDR is triggered only after specific conditions regarding the student and the disciplinary action have been met. The student must be formally identified as having a disability, typically through a documented Individualized Education Program (IEP) or a Section 504 Plan. This documentation establishes the student’s need for specialized instruction and related services.
The review is required when a disciplinary action results in a “change of placement,” which includes any suspension exceeding 10 consecutive school days. It is also required if the student has accumulated more than 10 days of suspension in a school year and a pattern of similar removals is established. The specific behavior leading to the disciplinary action must be clearly documented and consistently observed to provide a factual basis for the team’s analysis.
The Criteria for Manifestation
The review team, which includes parents, the school district, and relevant IEP team members, must answer two independent questions. If the answer to either question is “yes,” the behavior is legally considered a manifestation. The first test is whether the conduct in question was caused by, or had a direct and substantial relationship to, the student’s disability.
For example, a student with Tourette’s syndrome who yells an obscene phrase, or a student with an Emotional Disturbance who exhibits aggression, may violate the code of conduct. However, the behavior is a manifestation if it is directly linked to an inability to control impulses or emotions characteristic of their disability. The team must establish a clear link where the disability is the underlying cause, not merely a contributing factor.
The second test is whether the conduct was the direct result of the school’s failure to implement the student’s IEP or BIP as written. This criterion acknowledges that the school environment and support system play a role in managing disability-related behavior. If a student is denied an IEP accommodation, such as a quiet break space, leading to a disruptive panic episode, the resulting behavior is a manifestation. A “yes” determination under this second test signifies a failure in providing a free appropriate public education (FAPE).
Essential Evidence and Data Analysis
Making a manifestation determination requires a thorough analysis of comprehensive data and documentation from multiple sources. The primary piece of evidence is the Functional Behavioral Assessment (FBA), a systematic process used to identify the function or purpose of the student’s behavior. The FBA determines what the student is communicating or gaining, such as attention, escape from a task, or sensory input.
The review team must examine all relevant documents, including the student’s current IEP and BIP, medical and psychological evaluations, and prior disciplinary records. Teacher observations detailing the setting, time, and circumstances of the behavior provide context regarding antecedent events and environmental triggers. Interviews with parents, teachers, and specialists offer anecdotal and historical context. Synthesizing this data helps the team determine if the behavior aligns with known manifestations of the disability or if the IEP was not faithfully executed.
Outcomes and Required Next Steps
The outcome of the manifestation determination dictates the required next steps, focusing on supportive intervention rather than simple punishment. If the behavior is determined to be a manifestation of the disability, the student cannot be disciplined in the same manner as a non-disabled peer and must return to their previous educational placement. The team must then conduct an FBA, if one does not exist, and implement a Behavior Intervention Plan (BIP). If a BIP is already in place, the team must review and modify it to proactively address the specific behavior that led to the disciplinary action, ensuring the student’s continued access to FAPE.
If the team determines the behavior was not a manifestation, the student may be disciplined according to the standard school code of conduct, including long-term suspension or expulsion. However, the school district retains the obligation to continue providing the student with special education and related services outlined in their IEP to ensure they can make progress toward their goals. Parents who disagree with a “no” determination have the right to challenge the decision by requesting an expedited due process hearing.