Know Your Rights: Manifestation Determination Review (MDR)

The Manifestation Determination Review (MDR) asks and answers the following question:
Was the student’s behavior the result of, or otherwise caused by, their disability OR the direct result of the school district failing to implement the student’s Individualized Education Program (IEP)?

What is a MDR?

When a student doesn’t follow school rules, the student may be disciplined, including suspension or expulsion. However, students with disabilities may be protected if their misconduct was related to their disability. Generally, schools cannot discipline students with disabilities for behavior resulting from their disability, as this amounts to disability discrimination.

The Manifestation Determination Review (MDR) is a very important meeting to decide whether your child’s behavior was caused by, or was a ‘manifestation’ of, their disability OR if the conduct was a direct result of the school’s failure to implement their Individualized Education Program (IEP). The decision made at this meeting affects whether your child can return to school or will face discipline, including suspension or expulsion.

• Manifestation Example: A student who has physical tics as a result of their disability accidentally hits a student next to them. Although it is against school rules for students to hit each other, this incident may be determined to be a manifestation of the student’s disability.
• Manifestation Example: A student’s emotional disturbance causes them to be impulsive and combative. They run from class and start a fire on campus.

The school must hold a MDR within 10 school days after deciding to suspend, expel, or otherwise discipline a student in a way that would cause a change to where the student is educated. This is known as a ‘change of placement’.

• A change in placement occurs if a student has been excluded from their IEP placement for more than 10 school days, or if there is a pattern of removals totaling more than 10 school days, in a given school year.

Who is at the MDR meeting?

A MDR is conducted by a team that includes a school representative, a parent, and any “relevant members” of the student’s IEP team. The school and the parent or guardian determine who is a relevant member of the team. Parents are allowed to invite an advocate or others to the meeting. The school cannot restrict who parents invite.

What happens at the MDR meeting?

The team must discuss whether the misconduct:

1. Was caused by the student’s disability or had a direct or substantial relationship to the child’s disability, OR
2. Was the direct result of the school district failing to implement the student’s Individualized Education Program (IEP).

The team will review all relevant information about the student, including the student’s IEP or 504 plan, teacher observations, and information provided by the parent or guardian. This may include information from the child’s doctor, therapist or others, even those who are not connected to the school.

If the MDR team determines that:

• The student’s behavior WAS a manifestation of their disability or a direct result of the school’s failure to implement the child’s IEP:
  • The student must be allowed to return to their school placement.
  • The IEP team must conduct a functional behavioral assessment (FBA) and implement a behavior intervention plan, or review and modify the existing plan.
• The student’s behavior WAS NOT a manifestation of their disability or a direct result of the school’s failure:
  • The school can discipline the student in the same way as any other student including permanent removal from school through expulsion.

Special Circumstances

There are three situations where a student with a disability can be removed from school for bad behavior, regardless of whether the behavior was caused by the student’s disability.

If a student:

1. Brings a weapon to school or school function
2. Possesses, uses, sells or solicits illegal drugs at school or school function.
3. Inflicts serious bodily injury upon another person at school or school function.

The removal can last up to 45 school days. The school must continue to provide the student with their supports and services during this time.

How is the manifestation determination made?

After reviewing all relevant information about the student, including the student’s most recent IEP, most recent evaluations, the student’s conduct history, teacher and provider observation, and any relevant information the parents bring to the meeting such as outside evaluations or medical information. The team is encouraged to work towards a general agreement, but if the team is unable to reach a general agreement, the school representative makes the final decision consistent with the information presented and applicable law.

Why is the MDR such an important meeting?

If the team decides the conduct was a manifestation of the student’s disability, the student will not be disciplined and will be allowed to return to school. However, if the team decides the conduct was not a manifestation of the child’s disability, the school can proceed with the disciplinary action. Discipline can include permanent removal from school through expulsion. If your child has an IEP, the school must continue to provide the supports and services in your student’s IEP, even if your child is expelled or placed in a temporary educational setting throughout the duration of the disciplinary period.

An expulsion has serious consequences for a student’s future education because school districts and charter schools may lawfully refuse to admit any student who has been expelled in the past or is in the process of being expelled. When students have an expulsion on their record, their educational options can be severely limited for the rest of their educational career. Therefore, a favorable finding at a MDR is key to preventing the long-term impacts of exclusionary discipline.

How should I prepare for a MDR meeting?

It is important that parents and students go into the MDR well-prepared. Here are some tips for preparing for the MDR:

• Have an attorney accompany you to the meeting. If that isn’t possible, try to consult with an attorney prior to the meeting in order to develop your arguments and evidence. You can call us and speak with an attorney for free. You may also be accompanied and represented by a non-lawyer advocate.
• Make sure you know the date and time of the meeting. The school is required to hold the meeting within 10 school days of deciding to discipline your student unless you ‘waive’ this timeline. If you need more time to prepare, you can sign a waiver and reschedule the meeting.
• Make sure you understand what your child is being accused of and disciplined for. Ask the school for the discipline report and all related documents, including witness statements.
• Review information about your child’s disability:
  • Look over their IEP or 504 Plan, school evaluations, and any reports from outside providers, state agencies, or teachers.
  • If your child has a Functional Behavioral Assessment (FBA) or Behavioral Intervention Plan (BIP), review those documents and check whether the school has been following them.
  • Research your child’s disability and what the behavioral manifestations of that disability are. You may find it helpful to copy down quotes from reputable sources, like the DSM-5 by the American Psychiatric Association, explaining the common behaviors associated with your child’s disability.
• Gather documents that show how your child’s disability may be connected to what happened.
• Talk to your child’s healthcare providers and ask them to attend the meeting or to write a letter on your child’s behalf. A good letter or information from a healthcare expert can help persuade the team that your child’s behavior was caused by their disability.
• Ask people who know your child or saw what happened to attend the MDR meeting. This could include case managers or family members.
• Prepare materials for everyone at the meeting including:
  • Information about your child’s disability
  • How the disability is defined and diagnosed
  • Common behaviors linked to the disability
  • A description of what your child is accused of
  • Documents that show how the behavior may be connected to your child’s disability.

What if the team rules against my child and I disagree?

• You can appeal the MDR. The school district does not have the final say and you can request an expedited due process hearing:
  • A ‘due process hearing’ is a formal administrative hearing before an independent hearing officer to resolve disagreements you have with your school district.
  • An ‘expedited hearing’ is one that is scheduled and resolved more quickly due to pressing circumstances.
  • The NH DOE has a slide deck that provides additional information on filing for due process.
  • You can also appeal the  independent hearing officer’s decision in state or federal court.

• If your child has an IEP, the school must continue to provide the supports and services in your student’s IEP, even if your child is placed in a temporary educational setting throughout the duration of the disciplinary period. If the school fails to provide your child with these services, you can:
  • File a state complaint with the NH Department of Education (NHDOE). This type of complaint must be filed within 1 year of the issue arising. Visit the NH DOE’s website on special education state complaints to learn more.
  • Request a due process hearing. Due process is a formal administrative hearing before an independent hearing officer to resolve disagreements you have with your school district.  The NH DOE has a slide deck available that provides additional information on filing for due process.

This project is supported, in part with funding provided by the NH Council on Developmental Disabilities under grant number 2501NHSCDD from the U.S. Administration for Community Living, Department of Health and Human Services, Washington. D.C. 20201. Grantees undertaking projects with government sponsorship are encouraged to express freely their findings and conclusions. Points of view or opinions do not therefore, necessarily represent official ACL policy.

We thank our partners at Disability Rights Arizona for sharing their resources on this topic.