manifestation determination

What is a Manifestation Determination Review (MDR)?

kristina@partnerstx.org2017-11-09T13:26:46-06:00

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 [...]

Manifestation Determination Q&A

2017-10-02T14:25:14-05:00

What recourse does a parent have if he or she disagrees with the determination that his or her child’s behavior was not a manifestation of the child’s disability? The regulations, in 34 CFR §300.532(a), provide that the parent of a child with a disability who disagrees with the manifestation determination under 34 CFR §300.530(e) may appeal the decision by requesting a hearing. A parent also has the right to file a State complaint alleging a denial of a free appropriate public education and to request voluntary mediation under 34 CFR §300.506.” U.S. Department of Education, http://idea.ed.gov/explore/view/p/,root,dynamic,QaCorner,7,.html […]

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