The Manifestation Determination Review
Pursuant to 34 CFR 300.530 (e)(1), conduct must be found to be a manifestation of the child's disability if: 1) The conduct in question was caused by or had a direct and substantial relationship to the child's disability; or 2) The conduct in question was the direct result of the [district's] failure to implement the IEP.
A manifestation determination review (MDR) is a conference that is very much like an Individualized Education Program meeting. It must be held before a special education student can be removed from school longer than 10 days within a school year. It often follows suspensions, requests for expulsion, or a patterns of removals that result in a change of placement.
The MDR is a meeting where the Individualized Education Program Team Members will conduct an analysis that requires a two part test asking whether the child's behavior is a manifestation of the child's disability or occurred due the failure to implement the child’s Individualized Education Program as written.
An MDR must be held any time that a district proposes disciplinary measures that will result in a change of placement for a child with a disability that will result in more than 10 schools days of a change of placement because of a violation of a code of student conduct. 34 CFR 300.530 (e).
MANIFESTATION DETERMINATION REVIEWS FREQUENTLY ASKED QUESTIONS
What is a Manifestation Determination Review? A manifestation determination review (MDR) is a conference that is very much like an Individualized Education Program meeting. It must be held before a special education student can be removed from school longer than 10 days within a school year. It often follows suspensions, requests for expulsion, or a patterns of removals that result in a change of placement.
What is a Change in Placement? A change of placement occurs anytime a student is:
1) Removed for more than 10 consecutive school days; or
2) The student has been subjected to a series of removals (both in and out of school suspensions or other removals from the student’s Individualized Education Program based placement) that constitute a pattern that will equal more than 10 days:
Who Conducts the Manifestation Determination Review? The Manifestation Determination Review is conducted by the relevant members of the Individualized Education Program team. 34 CFR 300.530 (e).
What happens at the Meeting? It will be very much like your Individualized Education Program meetings. Your child’s Individualized Education Program will be reviewed, their diagnosis and disabilities discussed, and then the team will review the two-part test for making the determination.
What is the two-part test for the Determination?
1) The conduct in question was caused by or had a direct and substantial relationship to the child's disability; or
2) The conduct in question was the direct result of the [district's] failure to implement the IEP. See 34 CFR 300.530 (e)(1),
What material must the team review at the Manifestation Determination Review to make a decision? The MDR must involve a review of "all the relevant information in the [child's] file, including the child's IEP, any teacher observations, and any relevant information provided by the parents." 34 CFR 300.530 (e).
Do parents need to prepare before going to the MDR or is this the school’s responsibility? You absolutely must prepare prior the MDR for this meeting. Please review our planning guide and checklist.
Should I have my child at the Manifestation Determination Review?Generally my answer is no but this is an individual choice. It has been my opinion that a child (anyone under 18) should not be a part of discussing the link between their disability and behavior. Many of the therapists we have worked with over the years believe it is not appropriate and can actually cause damage to the child. Tell your school your child will not be present so that the team can openly discuss the child’s disabilities, needs, and challenges.
What if the conduct involves a criminal action against my child? It is critical that you seek guidance if your child is facing criminal charges. Any statements they have written or make orally may be used in a proceeding against them.
What happens if the Manifestation Determination Review Case Conference Team finds that the Behavior is a Manifestation of my child’s disability? If the conduct was a manifestation of the child's disability, the IEP team should:
1) Conduct a new Functional Behavior Assessment and create a new Behavior Intervention Plan; or
2) Review the child’s current plan and make changes to ensure that the child’s behavior is being effectively managed and redirected; and
3) Return the child to the placement from which the child was removed, unless the Individualized Education Program case conference committee agrees to a change of placement as part of the modification of the behavioral intervention plan or the student is placed in an Interim Alternative Educational Placement for 45 days. See 34 CFR 300.530 (f).
What happens if the Manifestation Determination Review Case Conference Team finds that the Behavior is not a Manifestation of my child’s disability? If the committee determines that a student’s misconduct was not related to his disability, then the student will be subject to the same discipline as a general education student. This could include additional time for the suspension or an expulsion. 34 CFR 300.530 (d)(i). At this point a parent could challenge the determination through requesting a Due Process Hearing through the State Department of Education.
Can my child still receive Educational Services if the team finds the behavior is not a manifestation of their disability? As long as your child remains qualified for special educational services they must continue to receive educational services to progress toward meeting the goals set out in their IEP. Whether or not the school expels your child they must provide a program to meet your child’s needs and provide them services. For example, if your child is getting speech therapy, the school must continue to provide it. They also must ensure your child can academically progress. Schools often do this by providing homebound programs (where a teacher comes to the home for a certain amount of hours each week), school based tutoring programs, or placement in an alternative educational placement. (Please see Alternative Placements)
What do I do if I disagree with the decision? A parent can file a due process complaint with their state Department of Education. Under the due process hearing requirements, the district must arrange for the hearing within 20 school days of the date the complaint was filed and the hearing officer must make a determination within 10 school days of the hearing. Remember your state may provide additional protections and it is important to consult with an attorney familiar with education law in your state for multiple reasons. We encourage you to read “Should I get an Advocate or an Attorney?” 34 CFR 300.532. 34 CFR 300.532 (c)(2).
Where does my child go while we wait for the hearing? Stay-put is a procedural protection for students who are eligible for special education when a due process is filed within 10 days of the Individualized Education Program meeting where there has been a change of placement. The exception is if the student’s conduct involves drugs, weapons, or serious bodily harm of another student, then the school may place them in an Interim Alternative Education Program, such as homebound or an alternative school for 45 days.
The Parents MDR Checklist
o A complete copy of your child’s disciplinary file (If you do not have it send a letter or email to the Principal and the Special Education Director requesting it.)
o Copies of your child’s IEPs for the previous two to three years. (If you do not have it send a letter or email to the Principal and the Special Education Director requesting it.)
o Relevant Psychological records from therapists, psychologist, and physicians. Create at least three additional copies of all private records that you wish to share.
o Any private educational evaluations that you have had done on your child at any point in the last ten years. Create at least three additional copies of all private records that you wish to share.
o A copy of your child’s most recent educational evaluation from the school. (If you do not have it send a letter or email to the Principal and the Special Education Director requesting it.)
o A copy of the incident report
o A personal list of any early pickups or other removals not included in the disciplinary file over the past two years.
o Gather information about your child’s disability that you can share with the school to help educate personnel. For instance, some chromosomal disorders can cause behavioral issues, this information is important to have in hand.
o Your preparation document as to how the behavior may be related to the disability.
o Place a call to your child’s therapist, psychologist, physician or other providers who may have valuable input into the link between the disability, the behavior and your child’s needs. Schedule them to provide input by telephone if possible. Individuals include:
o ____________________________
o ____________________________
o ____________________________
Preparing for Your Child’s MDR.
It is absolutely essential that you prepare for your child’s Manifestation Determination Review conference. This is your opportunity to ensure that the school is educated as to your child’s educational programming and needs – as well as to resolve disputes regarding behavior.
1. Print off the MDR Checklist and begin gathering documents, evaluations, disciplinary records, and information from your child’s private providers. You need to do this as soon as you receive notice that there will be a MDR. Check and see if a provider can participate in the MDR by telephone or in person to provide information on your child’s disability and the potential relationship to the behavior.
2. Once you have all the school documents – organize all school documents into a binder. (See Organizing Your Child’s File) Highlight the provisions of any of the documents that relate to your child’s behavioral, psychological or social challenges and may relate to the behavior.
3. Make at least three additional copies of all private evaluations or medical records that you may want to share. Highlight all portions of the document that relate to your child’s behavioral, psychological or social challenges and may relate to the behavior.
4. Review the incident report(s) over the last school year. Create a document and write answers the following questions:
A. How is the behavior related to your child’s disability?
Example: Jerry’s ADHD causes him to be unfocused, impulsive, and have trouble paying attention. He sometimes acts out impulsively or says things before he thinks though the words. When he called Sarah an inappropriate name in the school hallway, this was an impulsive act, directly related to some of the challenges he has with ADHD. He needs to learn how to control these impulsive behaviors and words.
B. Is the behavior occurring because the school is not implementing the Behavior Intervention Plan or Individualized Education Program? Example: Tim has autism and has been struggling with aggression when he gets angry. He is supposed to have a hot pass to use and a one on one aide to provide supervision and redirection. When he got angry and overturned his desk, there was no aide there, they were working with another student and he lost his hot pass months ago.
5. If the behaviors are ones that have frequently occurred create a behavior chronology to illustrate why your child needs an a Functional Behavior Assessment, or updated Functional Behavior Assessment to better create an appropriate Behavior Intervention Plan.
“It is important to remain calm, collected, and focused during the meeting. Remember as a parent the focus needs to be on providing as much information as possible as to the relationship between the conduct and your child’s disability, or that the Individualized Education Program wasn’t being followed. In the event that the meeting does not seem to be going well, just ensure you are adequately taking notes as to the school’s position, as well as your requests and documentation. Remember your child will not be without educational services and you can certainly choose to challenge the determination. Focus on calm and clarity.”