What is a Manifestation Determination Review?

An MDR (Manifestation Determination Review) is a meeting held when a disciplinary removal constitutes a change of placement for a student with a disability. A removal is a change of placement if it is more than 10 consecutive school days, or if a series of removals totals more than 10 school days in a school year and forms a pattern, based on a case-by-case determination. 34 C.F.R. § 300.536.

At an MDR, the school district, the parent, and relevant members of the IEP Team determine whether the conduct that led to the disciplinary action was caused by, or had a direct and substantial relationship to, the child's disability, or whether the conduct was the direct result of the school's failure to implement the IEP. 34 C.F.R. § 300.530(e).

If the conduct is determined to be a manifestation of the child's disability, the school generally must return the child to the placement from which the child was removed, unless the parent and school agree to a change of placement as part of the modification of the child's behavioral intervention plan, subject to the exceptions in federal law. 34 C.F.R. § 300.530(f).

Same Team Note: The important point is that an MDR is not triggered simply because a student receives a suspension. The key question is whether the disciplinary removal constitutes a change of placement under IDEA.

The two questions the team must ask

Within 10 school days of the decision to change placement, the IEP team and parents review the situation and ask (34 CFR §300.530):

1. Was the conduct caused by, or directly and substantially related to, the child's disability?
2. Was the conduct the direct result of the school's failure to implement the IEP?

If the answer to either is yes, the behavior is a manifestation of the disability.

What happens if it IS a manifestation

• The child generally returns to their placement (unless you and the school agree otherwise);
• The team must conduct a Functional Behavioral Assessment (or review an existing one) and put a Behavior Intervention Plan in place, or revise it;
• The focus shifts to supporting the behavior, not just punishing it.

What happens if it is NOT a manifestation

The school may apply the same discipline it would to any student — but with a critical exception: a child with an IEP must still receive educational services so they can continue to progress on their goals, even during a removal. Special education protections don't disappear because of discipline.

How to prepare as a parent

1. Bring the IEP, any FBA/BIP, and examples of how the disability shows up as behavior;
2. Ask directly whether the IEP was being fully implemented at the time;
3. Take notes on the team's reasoning — and request Prior Written Notice of the decision.

An MDR is one of the most important protections IDEA gives, because it stops a child from being punished for behavior that flows from their disability. If you disagree with the outcome, you can appeal through an expedited due process hearing.

Dr. Long's Assistant answers your specific questions in plain language — built from Dr. Long's expertise, plus state and federal law read at the source — never the open internet.

Related questions

• Can I appeal the outcome of an MDR?
• Does a student with a 504 plan have the same discipline protections as a student with an IEP?

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