When a child with a disability engages in behavior or breaks a code of conduct and the school proposes to remove the child, the school must hold a hearing to determine if the child’s behavior was caused by his disability. This hearing, a Manifestation Determination Review (MDR), is a process to review all relevant information and the relationship between the child’s disability and the behavior.
Consequences for problem behaviors should not discriminate against a child based on his disability. Yet, schools continue to suspend and expel students with disabilities for behavior caused by their disabilities.
Based on practical experience, Attorney Bill Brownley provides a “how to” guide attorneys (and parents) can use during the review to determine if the child’s conduct was “caused by, or had a direct and substantial relationship to the child’s disability.” (Wrightslaw: Special Education Law, 2nd Edition, p. 264). This guide describes how strategy, preparation, and documentation demonstrate a connection between the behavior and the disability, keeping the issue out of the hands of the school’s disciplinary officer.