Districts that seek to suspend or expel a disabled student must hold a Manifestation Determination Review (MDR) meeting “within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct” (20 U.S.C. § 1415[k][1][E][i]; 34 CFR 300.530[e][1]; 8 NYCRR 201.4[a][3]). An MDR meeting is held by a Manifestation Team composed of people who are familiar with the student. The purpose of the meeting is to determine whether or not the behavior to be disciplined is a “manifestation” of the student’s disability. If the result of the MDR meeting is a determination that the behavior was a manifestation of the student’s disability, the Committee on Special Education (CSE) must conduct a functional behavioral assessment (FBA) and implement a behavioral intervention plan (BIP). Furthermore, in the absence of “special circumstances” (as defined in the IDEA), the student must be returned to the placement from which they were to be expelled or suspended. If it is determined that the behavior was not a manifestation of disability then the usual disciplinary procedures will be followed.
What is a Manifestation Determination Review?
