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When a student with disabilities faces disciplinary action, federal law provides crucial protections through the Manifestation Determination Review (MDR) process. This comprehensive guide explains your rights, the legal requirements, and how to effectively advocate for your child during these critical hearings.

What Is a Manifestation Determination Review?

An MDR is a federal mandate under both the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. It's a formal review process that must occur when a school proposes to discipline a student with disabilities in a way that would constitute a “change in placement.”

When Is an MDR Required?

• Suspension exceeding 10 consecutive school days
• Series of suspensions totaling more than 10 days that constitute a pattern
• Any disciplinary action resulting in change of placement
• Recommendation for expulsion
• Placement in alternative educational setting exceeding 10 days

The Two Critical Questions

Federal law requires the MDR team to answer two specific questions:

Question 1: Direct Relationship

“Was the conduct caused by, or did it have a direct and substantial relationship to, the child's disability?”

This examines whether the behavior was a direct result of the disability itself—for example, impulsivity from ADHD, emotional dysregulation from autism, or anxiety-driven responses.

Question 2: Implementation Failure

“Was the conduct the direct result of the LEA's failure to implement the IEP or 504 plan?”

This considers whether the school failed to provide required services, accommodations, or supports that could have prevented the behavior.

If the answer to EITHER question is YES, the behavior IS a manifestation of the disability.

Federal Timeline Requirements

Federal regulations establish strict timelines that schools must follow:

10 days:MDR must be held within 10 school days of the decision to change placement
Immediate:If behavior IS a manifestation, student must return to original placement immediately (with limited exceptions)
No delay:Parents cannot be required to wait for separate hearings or additional procedures

Who Must Participate in the MDR?

Federal law requires specific participants in the MDR process:

Required Participants:

✓ Parent(s) or guardian(s)
✓ LEA representative
✓ Relevant IEP/504 team members
✓ Others with knowledge of the child

What They Must Review:

✓ Current IEP or 504 plan
✓ Teacher observations
✓ Evaluation data
✓ Parent-provided information

If the Behavior IS a Manifestation

When the MDR team determines the behavior was a manifestation of the disability, federal law requires:

Mandatory Actions:

1. Immediate return to placement: The student must return to their original placement unless parents agree otherwise or special circumstances apply
2. Functional Behavioral Assessment (FBA): If not already conducted, school must complete an FBA
3. Behavior Intervention Plan (BIP): Create or modify existing BIP to address the behavior
4. IEP/504 review: Team must review and modify the plan as needed
5. Disciplinary action withdrawal: All proposed disciplinary changes must be withdrawn

If the Behavior Is NOT a Manifestation

Even when behavior is determined not to be a manifestation, students retain important rights:

•School may apply regular disciplinary procedures
•Educational services must continue (FAPE requirement)
•Services must enable progress toward IEP goals
•FBA and BIP services must be provided as appropriate

Special Circumstances Under Federal Law

Federal regulations allow schools to remove students to an interim alternative educational setting (IAES) for up to 45 school days, regardless of manifestation determination, for:

• Weapons possession at school or school events
• Illegal drug possession, use, or distribution at school
• Infliction of serious bodily injury

Note: “Serious bodily injury” has a specific federal definition requiring substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss/impairment of bodily function.

Parent Rights During MDR Process

You Have the Right To:

✓ Receive written notice of the MDR meeting
✓ Participate meaningfully in the determination
✓ Present evidence and documentation
✓ Bring advocates or attorneys
✓ Request copies of all documents reviewed
✓ Appeal the MDR decision through due process
✓ Request an expedited hearing if needed

Preparing for Your Child's MDR

1. Gather Documentation

• Medical records and diagnoses
• Previous evaluations
• Behavior tracking data
• Communication with school about concerns
• Evidence of requested but unimplemented supports

2. Prepare Your Arguments

• Direct connections between disability and behavior
• Examples of similar past behaviors
• Implementation failures by the school
• Missing or inadequate services

3. Know Your Evidence

• Highlight specific disability characteristics
• Document patterns of behavior
• Show correlation with stressors or triggers
• Demonstrate need for supports

Common School Violations to Watch For

Red Flags That May Violate Federal Law:

❌ Proceeding with discipline despite manifestation finding
❌ Requiring additional hearings after MDR determination
❌ Claiming “suspected” disability doesn't qualify for protections
❌ Failing to hold MDR within 10-day timeline
❌ Not including required team members
❌ Refusing to consider parent-provided evidence
❌ Pre-determining outcome before meeting

Section 504 vs. IDEA: Key Differences

While both laws require MDRs, there are some differences:

IDEA (Special Education)

• More detailed procedural requirements
• Requires continuation of FAPE
• Specific team composition rules
• Detailed appeal procedures

Section 504 (General Education)

• Broader disability definition
• Less prescriptive procedures
• Still requires manifestation review
• OCR complaint process available

Appeal Rights and Next Steps

If you disagree with the MDR determination, federal law provides several options:

1.
Due Process Hearing
Request an expedited hearing to challenge the determination
2.
OCR Complaint
File with Office for Civil Rights for Section 504 violations
3.
State Complaint
File with state education agency for IDEA violations
4.
Stay-Put Rights
Invoke right to remain in current placement during appeals

Key Legal Citations

Federal Regulations:

• IDEA: 20 U.S.C. § 1415(k); 34 CFR § 300.530-300.536
• Section 504: 34 CFR § 104.35-104.36
• ADA Title II: 28 CFR Part 35
• FERPA: Rights to educational records access

Resources for Parents

Council of Parent Attorneys and Advocates (COPAA)

Find special education attorneys and advocates in your area

Wright's Law

Comprehensive special education law and advocacy information

Protection & Advocacy Agencies

Every state has a P&A agency providing free advocacy services

Office for Civil Rights (OCR)

File complaints for Section 504 and ADA violations

Remember: Time Is Critical

MDR proceedings move quickly. Federal timelines are strict, and schools often rush the process.

✓Document everything immediately
✓Request all records in writing
✓Consider legal representation early
✓Know your rights before the meeting
✓Don't sign anything under pressure

Your child's educational future may depend on the outcome of this process. Be prepared, know your rights, and advocate strongly for your child's needs.