Manifestation Determination Review

Manifestation Determination Review

When a removal constitutes a change of placement for disciplinary reasons, the LEA, the parent, and relevant members of the IEP Team (as determined by the parent and LEA) must meet within ten school days of the decision to change placement to review the relationship between the disability and the behavior. This is the manifestation determination review (MDR).

Legal Citations

• IDEA — manifestation determination (Section 615(k)(1)(E))

• 34 CFR Part 300 — manifestation determination (300.530(e))

• Alabama Administrative Code, Chapter 290-8-9

Practical Guidance

The review must occur within ten school days of the decision to change the student's placement. Convene the meeting using the Notice and Invitation to a Meeting/Consent for Agency Participation, checking "Conduct Manifestation Determination" as the purpose.

The team must review all relevant information in the student's file, including the IEP, teacher observations, and any information supplied by the parent, and then answer two questions:

1. Is the conduct in question caused by, or does it have a direct and substantial relationship to, the student's disability?

2. Is the conduct the direct result of the LEA's failure to implement the IEP?

The answer to either question is yes if the conduct was caused by the disability, has a direct and substantial relationship to it, or resulted from a failure to implement the IEP. In that case, the conduct is a manifestation of the disability.

If the behavior is a manifestation of the disability, the IEP Team must either conduct a functional behavioral assessment (if one has not been done) and create a behavioral intervention plan, or review and revise the existing BIP. The student returns to the placement from which he or she was removed, unless the parent and LEA agree to a change of placement as part of the BIP revision.

If the behavior is not a manifestation of the disability, the student may be disciplined under the same procedures applied to students without disabilities — but the LEA must still provide the services described on the [Discipline Basics →] page so the student can progress in the general curriculum and toward IEP goals.

Common Errors Identified Through Monitoring

• The review conducted later than ten school days after the decision to change placement

• The meeting convened without relevant IEP Team members and the parent

• The two-question standard not documented — a conclusion recorded without addressing the IEP implementation question

• No FBA conducted or BIP reviewed when the behavior is found to be a manifestation

Alabama State Department of Education — Special Education Services (SES)

Materials are provided for technical assistance purposes and do not constitute legal advice.