Manifestation Determination

The review that decides whether a student's conduct was caused by their disability before certain disciplinary actions can take effect.

A Manifestation Determination Review (MDR) is required when a school is considering a disciplinary change of placement — typically a suspension of more than 10 cumulative school days, or an expulsion — for a student with an IEP. The IEP team, including the parent, must review the student's records and determine two things: (1) was the conduct caused by, or did it have a direct and substantial relationship to, the student's disability? and (2) was the conduct a direct result of the district's failure to implement the IEP?

If the answer to either question is yes, the behavior is a manifestation of the disability. The student cannot be disciplined as a non-disabled peer would be; instead, the team must conduct an FBA (or review an existing one), develop or revise a BIP, and return the student to the original placement unless the parent and district agree otherwise.

Manifestation determinations are time-sensitive and high-stakes. Districts that skip or botch the MDR frequently end up in due-process proceedings.

Related terms

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