Manifestation Determination Reviews (MDR): What Parents and Educators Should Know

Under IDEA § 1415(k)(1), when a student with a disability faces disciplinary action at school, there are special legal protections in place to ensure that they are not unfairly punished for behaviors related to their disability. One of the most important protections under the IDEA is the MDR Process.

1. When is a MDR Required?

An MDR must be conducted within 10 school days when a student with a disability is subject to a disciplinary change in placement. This typically means:

a. A suspension or removal from the current educational setting for more than 10 consecutive school days, OR

b. A pattern of suspensions/removals totaling more than 10 days in a school year that constitutes a change in placement.

2. Who are the Participants in the MDR?

The MDR is conducted by the IEP Team to determine whether the behavior is linked to the student’s disability, which includes:

• The Parent or Guardian;

• Relevant school personnel (teachers, administrators, special education staff); and

• Other individuals who know the student and their educational needs;

3. What Does the MDR Team Review?

The IEP Team will look at all relevant information, including:

• The student’s IEP;

• Teacher observations regarding the student’s behavior;

• Input from the parent or guardian;

• any relevant evaluations or assessments; and

• other educational or medical records applicable to the determination.
  

The team will be reviewing all of this material to answer two key questions:

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

OR

1. Was the behavior the direct result of the school’s failure to implement the IEP?:

4. What Happens if the Behavior is a Manifestation of the Disability?

If the team determines that the behavior is a result of either of the two above, the behavior must be considered a manifestation of the student’s disability.

Should the team find it to be a manifestation of the disability, the school must then;

• Conduct a Functional Behavioral Assessment (FBA)

• Create or adjust a Behavioral Intervention Plan (BIP)

• The student must be returned to their original placement, unless a new plan is agreed upon.

5. What happens if the behavior is NOT a Manifestation of the Disability?

If the team determines the behavior not to be related to the student’s disability or improper implementation of the IEP:

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

• However, the student is still entitled to educational services that allow them to continue participating in the general curriculum and progress towards their IEP goals, even while removed from the classroom.

6. Special Circumstances & Serious Misconduct (Weapons, Drugs, Injury):

IDEA allows schools to place a student with a disability in an interim alternative educational setting IAES for up to 45 school days regardless of whether the behavior is a manifestation, if the student:

• Brings a weapon to school;

• Possess or uses illegal drugs; and

• Inflicts serious bodily injury on another person at school.
  

(In these special and serious circumstances, the MDR still takes place,
but the school can proceed with removal even if the behavior is connected to the disability.)

7. Notification & Your Rights:

Schools must:

• Provide a copy of the procedural safeguards to the parent of the child with a disability pursuant to 34 C.F.R. § 300.504(a);

• Timely Conduct the MDR within 10 school days of the decision to change the student’s placement;

• Assemble the appropriate IEP Team to remain compliant with procedural requirements;

• Review specific information noted above;

• Provide written notice under 34 C.F.R. § 300.503 to the parents explaining the decision and the basis for it, including;

(1) A description of the action proposed or refused by the agency;

(2) An explanation of why the agency proposes or refuses to take the action;

(3) A description of each evaluation procedure, assessment, record, or report the agency used as a basis for the proposed or refused action;

(4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this part and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

(5) Sources for parents to contact to obtain assistance in understanding the provisions of this part;

(6) A description of other options that the IEP Team considered and the reasons why those options were rejected; and

(7) A description of other factors that are relevant to the agency's proposal or refusal.

And Much More…

If you are a parent facing an MDR meeting, you do not have to go it alone. You have the right to bring an advocate, attorney, or support person with you.