Understanding Manifestation Determination Review (MDR): Protecting the Rights of Students with Disabilities.

The Manifestation Determination Review (MDR) is a legal process mandated under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(k). It is required when a school proposes a disciplinary removal of a student with a disability for more than 10 consecutive school days, or for a pattern of removals totaling more than 10 days in a school year.

MDR exists to determine whether the behavior leading to discipline is linked to the student’s disability or a failure to implement their educational support plan. This safeguard protects students from being unfairly penalized for disability-related behaviors and ensures their continued access to appropriate educational services.

Legal Basis

Under IDEA 2004, schools must conduct an MDR within 10 school days of any decision to change the placement of a student with a disability due to a violation of the student code of conduct (IDEA §1415(k)(1)(E)).

The process applies to students covered by:

Individualized Education Programs (IEPs)
504 Plans, under Section 504 of the Rehabilitation Act of 1973

MDR Review Questions

The MDR team—composed of school personnel, the parent/guardian, and relevant IEP team members—must answer two key questions:

Was the behavior in question caused by, or did it have a direct and substantial relationship to, the student’s disability?
Was the behavior the direct result of the school’s failure to implement the IEP or Behavior Intervention Plan (BIP)?

(IDEA Regulations: 34 C.F.R. § 300.530(e))

Outcomes of the MDR

If YES to either question:

The behavior is deemed a manifestation of the student’s disability

The student cannot be suspended or expelled in the same manner as a general education student

The IEP team must:

Conduct or review a Functional Behavioral Assessment (FBA)

Develop or revise a Behavior Intervention Plan (BIP)

Return the student to their previous placement unless the parent and school agree otherwise

If NO to both questions:

The school may proceed with the disciplinary action.

The student must continue to receive FAPE (Free Appropriate Public Education) during the removal period, including access to curriculum and progress toward IEP goals (34 C.F.R. § 300.530(d)).

Why MDR Matters

MDR represents a balance between school safety and the civil rights of students with disabilities. It ensures:

Due process protections

Prevention of discriminatory discipline

Accountability in IEP implementation

According to the U.S. Department of Education’s Office for Civil Rights (OCR), students with disabilities are disproportionately disciplined across the country. The MDR process is a critical tool to identify when inappropriate discipline may stem from systemic failures or unmet support needs.

FHC | Mind Matters: Advocacy & Behavioral Support

At FHC | Mind Matters, we support families, caregivers, and educators in navigating the complexities of school-based behavioral interventions, IEP management, and MDR proceedings.

We provide: