Manifestation Determination Review (MDR) Overview
Manifestation determination reviews are critical to ensuring that students with disabilities are not unfairly disciplined for behaviors that are a direct result of their disabilities. By examining the underlying causes of the behavior, parents can provide relevant documentation of the impact of their student’s disability and school administrators can make informed decisions about appropriate disciplinary measures and provide necessary support to help the student succeed. Manifestation determination is a part of the discipline rules in place to protect students with disabilities.
There are several questions a parent or guardian of a student with disabilities may have, including:
What manifestation determination reviews actually are
When manifestation determination reviews are needed
What happens during the course of an MDR
Who should attend the MDR
How to prepare for a manifestation determination review
How to prevent the need for a manifestation determination review
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) shoud 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.
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Manifestation Determination Case Examples
A student with ADHD is likely prone to emotional regulation difficulties and impulsive behaviors. If they get into an altercation and fight with somebody else, we can surmise that the ADHD was a cause related to the student's behavior that resulted in a situation where they are being recommended for suspension or expulsion.In this example, the behavior (impulsively fighting), is a manifistation of the student’s disbility (ADHD).
To provide further perspective, consider the following scenario. An individual with a seizure disorder is driving a car and has a seizure while in the driver’s seat, resulting in an accident. We do not apply the same discipline to the person who had a medical issue that caused them to be in an accident as you would a drunk driver who strikes another vehicle.
In addition to the impact of the student’s disability, school’s implementation of current supports and programming should be considered. If the teachers or other school staff did not implement the accommodations and supports in the student’s plan, that would also be a situation in which the behaviors were a manifestation of the disability and the student’s placement would not be changed. Consider whether accommodations and supports were in place and implemented including:
Providing your student with some warnings
Having the classroom set up in a way conducive for success
Separating certain students from each other
If the student has been exhibiting behavioral issues throughout the year and no behavior plan is in place, that is also a situation you could leverage in the MDR. If you can prove that the school knew the student needed behavioral supports and they weren’t put in place, you could argue that the school failed to provide adequate programming to meet the child’s needs.
Who Should Attend an MDR?
In addition to a student’s parents and the IEP team, the school psychologist's presence is a must during a manifestation determination review. As the evaluator, this is the person with the most knowledge regarding your student’s disability, outside of you as the parent, and how it could potentially impact your student in a classroom or a social setting.
Ask your child’s private providers, such as doctors or therapists to attend the MDR as well to provide insight into how your child's emotional regulation, functioning, discipline issues, or anything related to disruptive behaviors is helpful during a manifestation determination review.
Some schools attempt to have multiple administrators attend the MDR meeting to attempt to come across as intimidating in the setting. If that happens, ask about the role of each person at the table as a member of the IEP team. If there are people who do not have a specific role on your child’s IEP team, it may be within your rights to request that person to not attend. As long as you as the parent are prepared and you have included providers who know your child and can speak to how their disability may affect their actions, do not be intimidated by school officials’ over-presence.
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 thisIEP meeting addressing how your child’s behavior is related to their disability
How to Prevent an MDR from Taking Place
Concerning prevention opportunities, you should closely monitor the number of days that your child has been suspended in the course of the present school year. If you think that your child has the potential for having a fiery outburst resulting in a fight, disrupting the classroom or being involved in a behavioral altercation, you can request a meeting to speak with his or her teachers and other school administrators to make sure your child’s IEP is on track and that precautions are in place to help your child succeed. Keep your documentation and paperwork of any such requests up-to-date and easily accessible.
If you find yourself in similar situations repeatedly wondering whether your student may be liable for a behavioral outburst, consider forming an established relationship with an advocate or attorney so that in case the an MDR is necessary, you have a professional who is up to speed with your case that can step in and help you right away.
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.
Do you still have questions about Manifestation Determination Reviews?
This blog post has provided you with an overview of MDR meetings. For even more detail, view the training workshop on this topic inside Your IEP Source Membership. As soon as you join, will have access to this workshop, and over 20 more inside the on-demand video library. You can also ask questions during an Office Hours with Dr. Brandi Q&A session. Private 1:1 coaching calls are available exclusively inside the membership.
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Dr. Brandi Tanner is a Nationally Certified School Psychologist and former special educator with over 15 years of experience in her fields. She founded Your IEP Source to guide parents through the IEP journey and to empower them to become better advocates for their children.
