Following a discipline code of conduct violation, under specific circumstances, the school must hold a meeting to determine if the behavior was a manifestation of the student's disability (Sec. 300.530). 

When Is a Manifestation Determination Needed?

• Prior to an Expulsion Prevention hearing or Expulsion hearing.

• In the case of a "change of placement" which is more than 10 cumulative school days of removal (ISS/OSS) in the current school year that constitute a pattern (a pattern of similar behavior incidents that resulted in the removals).

Who Has Rights to Manifestation Determination Reviews?

• Students receiving special education services or 504 services.

• Students who are "not yet eligible" IF the school has knowledge that the student was a child with a disability BEFORE THE CONDUCT OCCURRED. The school is deemed to have had knowledge if: 

  • the parent expressed concern in writing that the student needed special education

  • parent and/or school team members requested a special education evaluation or expressed they suspect a disability

What Counts towards the 10 days?

• ISS [partial days count as partial days]

• OSS [partial days count as partial days]

• Bus suspensions IF the learner receives special education bussing and the district did NOT provide transportation in some other way

How Do I Prepare for an MDR?

• Schedule an in-house meeting; include the case manager, school psychologist, administrator, and SPED coordinator.

• During the in-house meeting, review the suspensions and conduct; come to consensus on whether or not an MDR is the applicable next step. If so, case manager and/or building administrator must schedule the MDR.

• Case manager must send a Notice of Meeting along with a copy of the Parental Rights Procedural Safeguards.

• At the in-house, use the MDR File Review Template document to establish roles and conduct a file review. Gather and organize the relevant information into the MDR Template document. Once completed, copy/paste the information into the Manifestation Determination Documentation form in TIENet.

Who Needs to Attend the MDR?

• Building LEA

• Parent/guardian(s)

• Relevant members of the student’s IEP team (educators who are familiar with the learner and their disability)

• School Psychologist typically attends in order to help interpret evaluation results

• Any member of the school team can facilitate an MDR meeting. Your SPED Coordinator may facilitate the meeting in the following situations:

  1. • School team is inexperienced with manifestation determination meetings

     • Possibility of 45 day placement

     • District is considering expulsion prevention or expulsion

What Happens During the MDR?

• Following the structure of the MDR Document, the team must review all relevant information in the student’s file, including the IEP/PBSP, teacher observations, progress monitoring or evaluation information, and any relevant information provided by the parents. 

• Two key questions are answered AS A TEAM:

  1. Was the conduct in question the direct result of the school's failure to implement the IEP? (PBSP is an extension of the IEP)

     • if No, continue on to the next question

     • if Yes, student must re-enter and the team must implement the IEP as written

  2. Was the conduct in question caused by, or have a direct and substantial relationship to the student's disability?

     • if No, the student may be disciplined in the same way as a student in general education; building administrator makes the disciplinary decision

     • if Yes, the IEP team must create or review/revise the FBA and PBSP and discuss as an IEP team how best to support the learner at school

What Happens After the MDR?

• Case manager ensures all notes and decisions from the MDR meeting are incorporated into the MDR Document in TIENet.

• Case manager ensures a PWN is completed indicating the team's decision(s). 

• MDR Document and PWN must be sent to the parent/guardian and filed in the cumulative file.