Manifestation Determination

All students have rights when they are disciplined. However, students with disabilities have extra rights. An important one is their right to a formal review of their behavior before long-term suspensions or expulsions. This review is called a Manifestation Determination Review (MDR). An MDR is used to decide if the behavior was caused by a disability.

What are Manifestation Determination Reviews?

A manifestation determination review is a process mandated by the Individuals with Disabilities Education Act (IDEA) that schools must follow when a student with a disability has engaged in behavior that may result in disciplinary action. The review is designed to determine whether the behavior was a manifestation of the student's disability or the result of the school's failure to implement the student's Individualized Education Program (IEP).

When are Manifestation Determination Reviews Held?

Manifestation determination reviews must be held if the district is proposing to expel a student or suspend him or her for longer than 10 days. An MDR must also be held when a student has 10 days of out of school suspension (OSS) within a school year, even if the days were not sequential. An MDR is to take place within 10 days of a school’s decision to remove a student from their current placement and place him or her in alternative schooling options.

What Should Be Discussed During a Manifestation Determination Review?

There are two key points that should be covered at an MDR meeting. One is whether the behavior in question is related to a disability and the second consideration is whether the school is at fault for lack of implementing appropriate programming, causing the behavior in question and resulting in this need for a disciplinary review.

The focus of the manifestation determination review should be on the student’s disability, how the teachers and other school officials implement the student’s programming, and whether the disability is to blame for the student acting out in a certain way.

Too often however, administrators will bring up irrelevant issues, which do not fall into the scope of the MDR purpose. For example, questions about the student knowing right from wrong are not relevant when trying to determine whether a student’s disability was related to a problematic behavior.

Diving into Two Focus Questions of an MDR Meeting

Was the conduct in question caused by or does it have a direct relation to the child’s disability?

Is the conduct in question a direct result of the school system’s failure to implement the child’s IEP?

If the answer to either of these two questions is yes, the behavior in question is a manifestation of the disability. If the behavior is a manifestation of the disability, the student should remain in their previous placement. A Functional Behavioral Assessment (FBA) should be initiated if one has not already been conducted. The student’s Behavior Intervention Plan (BIP) should be reviewed and updated based on information from the behavior leading to the discipline referral.

If the answer to both of these questions is no, the behavior in question is not a manifestation of the disability. In that case, the school can move forward with the recommended discipline consequence. Even if the student is recommended for an alternative placement, the school must still provide a Free and Appropriate Public Education (FAPE) including the student’s special education services.

How to Prepare for a Manifestation Determination Review as a Parent

Once you find yourself preparing to attend an MDR, the best thing you can do for your student is to take swift action. The MDR is ultimately an IEP meeting. here is a much higher probability of the MDR meeting going in your favor, than if the issue rises to an official discipline hearing. Discipline or tribunal hearings are not IEP meetings. They tend to feel more like a court hearing type of proceeding. Here are seven things you can do to help the manifestation determination result in your favor:

• Have a previously established relationship with an advocate or attorney

• Recruit experts on your child's condition to attend the meeting, including doctors, therapists, or anyone that works with your student privately

• If professionals can't attend, ask if they will prepare a letter or report that addresses how your child's disability could have been related to the behavior that caused the discipline referral

• Use a psychological report that acknowledges how your student is currently functioning

• Keep Evaluations Up-to-Date

• Save any emails or documentation where you've asked for behavioral support

• Prepare a parent input statement prior to this IEP meeting addressing how your child’s behavior is related to their disability

  
  

Exceptions for Serious Infractions

After focusing on discipline, rules and procedures, a manifestation determination review should ultimately come down to how your student’s disability affected his or her ability to control their emotions or actions in a specific encounter. Of course there are some serious situations in which there are exceptions for infractions related to a student’s choices.

Issues such as bringing a weapon to school or a school event, using, possessing or selling illegal drugs, or inflicting serious bodily injury on another person or school staff all fall outside of the potential protection of a manifestation determination review and may result in the suspension or expulsion of a student.

Final Thoughts Regarding Manifestation Determination Reviews

Manifestation determination reviews play a crucial role in protecting the rights of students with disabilities and ensuring they receive appropriate educational support. To approach these reviews effectively, it's important for all relevant parties to be involved, including the student's parents, teachers, special education professionals and any doctors or therapists that would be able to share insight.

It’s important to remember that the same disability may manifest itself differently from one student to the next. However, as a parent who wants to make sure your student is being treated fairly in the event of an MDR, regardless of their disability, it is important to arm yourself with knowledge and experience before walking into a manifestation determination review meeting.

Contact MyMASSAdvocate for a FREE Consult to see if a Special Education Advocate can assist your family in advocating for your child's needs.