Manifestation Determination Reviews: What Parents Need to Know

When a student with a disability faces disciplinary action at school, it’s essential to understand the concept of a Manifestation Determination Review (MDR). This review is a crucial process designed to ensure that students with special needs are treated fairly and that their educational rights are protected. In this blog post, we’ll dive into what an MDR is, why it matters, and how you can navigate this process to support your child effectively.

What is a Manifestation Determination Review (MDR)?

A Manifestation Determination Review is a meeting conducted to determine whether a student's misbehavior is directly related to their disability or if it was caused by a lack of appropriate services or accommodations. According to the Individuals with Disabilities Education Act (IDEA), schools must conduct an MDR when a student with an Individualized Education Program (IEP) or a Section 504 plan faces disciplinary action that results in a change of placement for more than 10 consecutive school days.

Why is an MDR Important?

The MDR is crucial for several reasons:

1. Protection of Rights: It ensures that students with disabilities are not unfairly penalized for behaviors that are a direct result of their disability. This protects their educational rights and ensures they receive the necessary support.

2. Fair Discipline: The review process helps determine if the student's behavior was a manifestation of their disability, thereby guiding appropriate disciplinary measures that consider the student's needs and circumstances.

3. Appropriate Interventions: If the MDR finds that the behavior was related to the disability, it prompts a review of the IEP or Section 504 plan to address any gaps in services or accommodations, preventing future issues.

The MDR Process

1. Notification: Parents are notified of the MDR meeting, which should be scheduled promptly after a disciplinary action is taken. This notification includes details about the purpose of the meeting and the right to participate.

2. Meeting: The MDR team typically includes school officials, teachers, the child’s parents, and other relevant individuals. During the meeting, the team reviews the student’s IEP or Section 504 plan, the behavior in question, and whether the behavior was a result of the disability.

3. Determination: The team will make one of three determinations:

   • The behavior was a manifestation of the disability: The student cannot be disciplined in the same way as a student without a disability. The team must then consider changes to the IEP or Section 504 plan.

   • The behavior was not a manifestation of the disability: The student can be disciplined according to the school’s policies, similar to other students. However, the school must continue to provide the student’s special education services.

   • The behavior was a result of the school’s failure to implement the IEP or Section 504 plan: The school must address and correct this failure.

How to Prepare for an MDR

1. Review Documentation: Gather and review all relevant documentation, including the student’s IEP or Section 504 plan, any behavioral reports, and previous communication with the school.

2. Understand Your Rights: Familiarize yourself with your child’s rights under IDEA and Section 504. Knowing these rights will help you advocate effectively during the MDR meeting.

3. Prepare Questions: Prepare questions to ask during the meeting, such as how the school plans to address any identified gaps in services or accommodations.

4. Seek Professional Advice: Consider consulting with a special education attorney or advocate to help navigate the MDR process and ensure that your child’s rights are upheld.

Conclusion

Navigating a Manifestation Determination Review can be complex, but understanding the process and knowing how to advocate for your child is crucial. By preparing thoroughly and participating actively in the MDR meeting, you can help ensure that your child’s needs are met and their educational rights are protected.

If you need assistance with an MDR or have any questions about special education discipline, The Hull Firm is here to help. Contact us today to schedule a free discovery call and learn how we can support your family through this process.