Understanding the Manifestation Determination Review (MDR)
As a Special Education Director, one of my crucial responsibilities is ensuring that our school district complies with legal requirements concerning the education and discipline of students with disabilities. One important process in this realm is the Manifestation Determination Review (MDR). Let's break it down into easy-to-understand steps and requirements.
What is a Manifestation Determination Review?
An MDR is a process that must occur immediately, if possible, but no later than 10 school days after a decision is made to impose a suspension or removal that constitutes a disciplinary change in placement for a student with a disability due to a violation of the student conduct code.
Steps to Conduct an MDR
The school district has specific responsibilities before and during the MDR process:
- Provide Prior Written Notice to the parent about the decision to impose a suspension or removal.
- Supply a copy of the Procedural Safeguards Notice to the parent.
- Notify the parent in writing about the MDR meeting, its purpose, the attendees, and the parent's right to have relevant members of the Committee on Special Education (CSE) participate at their request.
Who is Involved in the MDR?
The MDR is conducted by a "manifestation team," which includes:
- A representative from the school district knowledgeable about the student and interpretation of child behavior information.
- The parent of the student.
- Relevant members of the CSE, as determined by the parent and school district.
Conducting the Review
The manifestation team must review all relevant information in the student's file, including:
- The student's Individualized Education Program (IEP).
- Teacher observations.
- Any relevant information provided by the parents.
Making the Manifestation Determination
The team must answer two critical questions:
- Was the conduct in question caused by, or did it have a direct and substantial relationship to the student's disability?
- Was the conduct in question the direct result of the school district's failure to implement the IEP?
If the answer is "Yes" to either question, the behavior is considered a manifestation of the student's disability. The CSE must then conduct a Functional Behavioral Assessment (FBA) and implement or modify a Behavioral Intervention Plan (BIP).
If the answer is "No" to both questions, the behavior is not a manifestation of the student's disability. The student may return to their previous placement unless there are exceptions like drug, weapon, or serious bodily injury incidents.
Next Steps and Ensuring Compliance
During the first 10 days of suspension in the school year, students with disabilities can be disciplined similarly to those without disabilities. However, from the 11th day onwards, they must receive a Free Appropriate Public Education (FAPE) to continue participating in the general education curriculum and progressing toward their IEP goals.
If the conduct was due to the school district's failure to implement the IEP, immediate steps must be taken to address these deficiencies. The student should receive appropriate behavioral intervention services and modifications to prevent recurrence.
For more information, please follow this link.
