Manifestation Determination Review (MDR) in Special Education: A Comprehensive Guide

The Manifestation Determination Review (MDR) is a critical process mandated by the Individuals with Disabilities Education Act (IDEA) to protect the rights of students with disabilities facing disciplinary actions. This review ensures that students are not unfairly punished for behaviors that are a direct result of their disability or the school's failure to properly implement their Individualized Education Program (IEP) or 504 Plan. It is a safeguard against discriminatory consequences for problem behaviors stemming from a student's disability.

What is a Manifestation Determination Review?

A Manifestation Determination Review (MDR) is essentially an IEP team meeting convened when a student with a disability faces disciplinary action, such as suspension or expulsion. The primary goal of the MDR is to determine if the student's behavior is a manifestation of their disability or a consequence of the school's failure to implement the student's IEP. It is not simply a disciplinary meeting; individuals who are not part of the IEP team, such as deans or school security guards, should not attend.

When is an MDR Required?

An MDR must be conducted under the following circumstances:

When the school proposes to expel a student with a disability.
When the school suspends a student with a disability for more than 10 school days in a school year, whether consecutive or cumulative.
Within 10 school days of the school's decision to change the placement of a student with a disability for disciplinary reasons.

It is important to note that an MDR is required for students with IEPs or Section 504 Plans. Furthermore, a student is entitled to an MDR if the school is aware of their disability but has been refusing to provide an IEP or is in the process of evaluating them for one.

Who Participates in the MDR?

The MDR team consists of members of the student's Individualized Education Program (IEP) Team, including the student's parent(s) or guardians. IDEA states that the LEA, the parent, and relevant members of the child’s IEP team must review “all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents” as part of conducting a manifestation determination. The school psychologist is a crucial member of the team, providing expertise on the student's disability and its potential impact on their behavior.

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Parents can also invite their child's private providers, such as doctors or therapists, to attend the MDR to offer insights into the child's emotional regulation, functioning, and any factors related to disruptive behaviors.

The MDR Process: Key Considerations

During the MDR, the team must consider all relevant information related to the student's misbehavior. This includes:

The student's file: All relevant information in the student’s file, including placement appropriateness, supplementary aids and services, and if the behavior intervention strategies were appropriate and consistent with the IEP.
The student’s IEP: The child’s IEP, any teacher observations, and any relevant information provided by the parents.
Parent Input: The information that you present.
Teacher Observations: The teachers’ observations of your child.

The team is not limited to discussing only the information already in the IEP or the IEP eligibility category. Any diagnoses or other relevant information not included in the IEP should be brought to the meeting and discussed. The team must consider all of the above information.

The MDR team addresses two key questions:

Was the behavior in question caused by, or does it have a direct and substantial relationship to, the child's disability?
Was the behavior in question a direct result of the school system's failure to implement the child's IEP?

If the answer to either of these questions is "yes," the behavior is determined to be a manifestation of the student's disability.

Outcomes of the MDR

The outcome of the MDR significantly impacts the disciplinary actions that can be taken against the student.

Behavior is a Manifestation of the Disability

If the MDR team determines that the behavior was a manifestation of the student's disability, the following actions must be taken:

Return to Prior Placement: Unless the behavior involved special circumstances (weapons, drugs, or serious bodily injury), the child must be returned to the educational placement they were in before the disciplinary action.
Functional Behavioral Assessment (FBA): If an FBA has not already been conducted, the school must initiate one. An FBA focuses on identifying the function or purpose behind a child’s behavior.
Behavior Intervention Plan (BIP): The student's BIP must be reviewed and updated based on information from the behavior leading to the discipline referral. If the child does not have one, does one need to be written?
IEP Review and Revision: The IEP team must review and revise the child's IEP to ensure that the child receives services appropriate to their needs. The development of strategies, including positive behavioral interventions, supports, and other strategies to address that behavior, should be included.

Behavior is Not a Manifestation of the Disability

If the MDR team determines that the behavior was not a manifestation of the student's disability, the student can be disciplined in the same way as students without disabilities. This could include suspension or expulsion. However, 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.

Interim Alternative Educational Setting (IAES)

In certain situations, a school can move a student with a disability to an Interim Alternative Educational Setting (IAES) for up to 45 school days, regardless of the outcome of the MDR. This can occur in cases involving:

Weapons
Illegal drugs
Serious bodily injury to another person

The student's IEP Team, including the parents, will decide on the IAES, which should allow the child to continue working towards the goals set in their IEP.

Appealing the MDR Decision

If a parent disagrees with the MDR decision, they have the right to appeal. The parent may request an expedited due process hearing. During the appeal, the child will typically stay in the last educational placement agreed to in the IEP.

Parents can also indirectly challenge an MDR decision by asking for an Independent Educational Evaluation (IEE) or requesting the school board to order a reconsideration of the MDR decision.

Preparing for an MDR as a Parent

Preparation is key when facing an MDR. Here are some steps parents can take to ensure a fair outcome:

Gather Information: Collect all relevant documentation, including the student's IEP, evaluations, medical records, and any other information that demonstrates the connection between the student's disability and the behavior in question.
Consult with Professionals: Seek advice from advocates, attorneys, or other professionals experienced in special education law.
Communicate with the School: Maintain open communication with the school and express your concerns.
Attend the MDR Meeting: Actively participate in the MDR meeting and present your evidence and arguments clearly and respectfully.
Know Your Rights: Understand your rights under IDEA and be prepared to advocate for your child's best interests.
Take Swift Action: The MDR is ultimately an IEP meeting, there is a much higher probability of the MDR meeting going in your favor, than if the issue rises to an official discipline hearing.

Manifestation Determination Case Examples

Here are some examples to illustrate how the MDR process works:

Example 1: ADHD and Impulsive Behavior: A student with ADHD gets into a fight due to impulsive behavior. The MDR team determines that the ADHD was a contributing factor to the behavior, making it a manifestation of the disability.
Example 2: Seizure Disorder and Unintentional Harm: An individual with a seizure disorder has a seizure while driving, causing an accident. This is analogous to a situation where a student's disability leads to unintentional harm, and discipline should not be the primary focus.
Example 3: Lack of IEP Implementation: A student's IEP includes accommodations for warnings and a specific classroom setup. If the school fails to provide these accommodations, and the student's behavior is a result of this failure, the MDR team may determine that the behavior is a manifestation of the disability.

Preventing the Need for an MDR

Proactive measures can help prevent situations that lead to MDRs:

Ensure IEP Implementation: Regularly communicate with teachers and school staff to ensure that the student's IEP is being implemented correctly.
Address Behavioral Issues Early: If the student is exhibiting behavioral issues, address them proactively by requesting a meeting with the IEP team to develop or revise a BIP.
Build Relationships: Foster a strong relationship with the school staff to facilitate open communication and collaboration.
Keep Documentation Up-to-Date: Keep your documentation and paperwork of any such requests up-to-date and easily accessible.

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