Understanding Manifestation Determination Reviews
A manifestation determination review (MDR) is a process required by the Individuals with Disabilities Education Act (IDEA) to determine if a child's misbehavior is linked to their disability. This review is crucial because it affects how schools can discipline students with disabilities.
The MDR is a safeguard to ensure that students are not unfairly disciplined for behaviors that are a result of their disability. It involves a meeting with the IEP team, including parents, to discuss the incident and the student's disability.
When is a Manifestation Determination Review Triggered?
An MDR is triggered when a student with an IEP or 504 Plan is facing a disciplinary change of placement, such as suspension or expulsion, that exceeds 10 consecutive school days or is part of a pattern that amounts to a change in placement.
This review must occur within 10 school days of the decision to change the student's placement. The purpose is to determine if the behavior was a manifestation of the student's disability.
What Happens During the Review?
During the MDR, the IEP team examines all relevant information, including the student's IEP, teacher observations, and any relevant information provided by the parents. The team considers whether the student's behavior was caused by or had a direct and substantial relationship to their disability.
The team also determines if the behavior was a direct result of the school's failure to implement the IEP. If either condition is met, the behavior is considered a manifestation of the disability.
Outcomes of the Manifestation Determination Review
If the behavior is determined to be a manifestation of the student's disability, the school cannot proceed with the disciplinary change of placement. Instead, the IEP team must conduct a functional behavioral assessment (FBA) and implement or modify a behavior intervention plan (BIP).
If the behavior is not a manifestation, the school may discipline the student in the same manner as it would for students without disabilities, but they must still provide educational services.
Parental Rights During the Process
Parents have the right to participate in the MDR meeting and provide input. They can bring relevant information, such as medical records or letters from healthcare providers, to support their child's case.
Parents also have the right to dispute the outcome of the MDR through due process hearings or by filing a complaint with the state education agency.
How to Prepare for a Manifestation Determination Review
Preparation is key to ensuring a fair MDR. Parents should review their child's IEP and any behavior plans, gather relevant documentation, and consider consulting with an advocate or attorney familiar with special education law.
Being prepared helps ensure that the team considers all relevant information and that the child's rights are protected throughout the process.
Practical tips
- Review your child's IEP and behavior intervention plan before the meeting.
- Gather any relevant documents, such as medical records or teacher notes.
- Consider bringing an advocate or attorney to the MDR meeting for support.
- Prepare a list of points you want to discuss during the meeting.
- Stay calm and focused on your child's needs and rights during the review.
Common mistakes to avoid
- Not attending the MDR meeting or sending a representative.
- Failing to bring relevant documentation to support your child's case.
- Not understanding your rights to dispute the MDR outcome.
- Assuming the school will automatically handle everything without your input.
Frequently asked questions
- What is a manifestation determination review?
- An MDR is a meeting to determine if a student's behavior is linked to their disability, affecting how they can be disciplined.
- When must a manifestation determination review be held?
- It must be held within 10 school days of a decision to change a student's placement due to disciplinary actions.
- Who attends the manifestation determination review?
- The IEP team, including parents, teachers, and school officials, attend the review to discuss the student's behavior.
- What if I disagree with the MDR outcome?
- Parents can dispute the outcome through a due process hearing or by filing a complaint with the state education agency.
- Can my child be expelled if the behavior is a manifestation of their disability?
- No, if the behavior is a manifestation, the school cannot expel the student but must address the behavior through appropriate interventions.