Manifestation determination checklist

By the IEP Atlas editorial teamLast updated November 1, 2026

Short answer

A manifestation determination checklist covers three phases. Before: confirm a change of placement, notify the parent the same day, and gather the file. During: review all relevant information with the parent and relevant team members and answer the two required questions. After: carry out the result, from an FBA and return to placement to discipline with services.

A manifestation determination review (MDR) must happen within 10 school days of any decision to change a student's placement because of a code of conduct violation.^[1] The meeting is short, but missing one step can undo the outcome. This checklist puts each step in order with the regulation behind it.

It assumes you know what an MDR is. If not, start with what is a manifestation determination. The federal rule sets the floor; your state and district may add forms, notices or timelines, and close calls belong with the district's special education office or counsel.

Before the meeting

Confirm the removal is a change of placement. More than 10 consecutive school days, or a series totaling more than 10 that forms a pattern. Why: no change of placement, no MDR requirement. 34 CFR 300.536^[2]
Recount all removals this year. Include partial days, early pickups and in-school suspensions without services. Why: an undercount can hide a change of placement that already happened. 34 CFR 300.536
Notify the parent on the day of the decision. Why: the rule requires same-day notice of the decision to change placement. 34 CFR 300.530(h)^[1]
Give the procedural safeguards notice that day. Why: required at a disciplinary change of placement. 34 CFR 300.504 and 300.530(h)^[3]
Schedule the MDR within 10 school days of the decision. Why: the deadline runs from the decision, not the incident. 34 CFR 300.530(e)
Invite the parent and the relevant IEP team members. The parent and the district decide who is relevant. Why: the rule names who decides. 34 CFR 300.530(e)
Gather the full file: current IEP, behavior plan, FBA, evaluations, progress reports, discipline history, teacher observations. Why: the team must review all relevant information. 34 CFR 300.530(e)
Collect implementation evidence: service logs, accommodation records, behavior plan data. Why: question 2 asks whether the IEP was followed. 34 CFR 300.530(e)
Offer the parent the records before the meeting. Why: parents may review records before any meeting about the child. 34 CFR 300.613^[4]
Check for special circumstances: weapons, illegal drugs or serious bodily injury. Why: these allow a 45-school-day interim setting regardless of the result. 34 CFR 300.530(g)
Begin services if the student has passed 10 days of removal. Why: services are owed from the 11th day, even before the MDR. 34 CFR 300.530(d)

During the meeting

Review all relevant information, including anything the parent brings. Why: the decision must rest on the whole file. 34 CFR 300.530(e)
Answer question 1: was the conduct caused by, or did it have a direct and substantial relationship to, the student's disability? Why: required. 34 CFR 300.530(e)(1)(i)
Answer question 2: was the conduct the direct result of the district's failure to implement the IEP? Why: required. 34 CFR 300.530(e)(1)(ii)
Record the answer to each question separately, with reasons. Why: a yes to either one makes the conduct a manifestation. 34 CFR 300.530(e)(2)
If question 2 is yes, plan the fix now. Why: the district must take immediate steps to remedy the implementation failure. 34 CFR 300.530(e)(3)
Give the parent a chance to speak to each piece of evidence. Why: the parent is a decision-maker on this team. 34 CFR 300.530(e)

After the meeting: if it was a manifestation

Conduct an FBA, unless one was done before the behavior, and write a behavior intervention plan. Why: required. 34 CFR 300.530(f)(1)^[1]
If a behavior plan exists, review and change it as needed. Why: required. 34 CFR 300.530(f)(1)(ii)
Return the student to the placement they were removed from, unless the parent and district agree to a change as part of the plan, or special circumstances apply. Why: required. 34 CFR 300.530(f)(2)
Send prior written notice of what the team decided. Why: a change, or refusal to change, needs notice. 34 CFR 300.503^[5]

After the meeting: if it was not a manifestation

Apply the same discipline the school would apply to any student, for the same duration. Why: allowed when the conduct is not a manifestation. 34 CFR 300.530(c)
Have the IEP team decide the interim setting and services. Why: the IEP team, not one administrator, decides. 34 CFR 300.531^[6]
Provide services so the student can progress in the general curriculum and toward IEP goals, plus an FBA and behavior services as appropriate. Why: required during the removal. 34 CFR 300.530(d)
Send prior written notice. Why: placement is changing. 34 CFR 300.503

After any result

Tell the parent about the right to appeal the decision through an expedited hearing. Why: parents may appeal the manifestation decision or the placement. 34 CFR 300.532^[7]
Note where the student stays during an appeal. Why: the student stays in the interim setting until the decision or the end of the removal, unless parent and district agree otherwise. 34 CFR 300.533^[8]
File the MDR form, notes and evidence in the record. Why: the record supports the decision if challenged.
Set a date to review behavior data. Why: the next incident is the one to prevent. The post-suspension IEP meeting guide covers that review.

If an item is missing

Missing item	What to do
Parent not notified the day of the decision	Notify now in writing, give the safeguards notice, and record the date. Consider whether the 10-day MDR clock needs a fresh start by agreement with the parent.
MDR not held within 10 school days	Hold it as soon as possible. Ask counsel how to treat days of removal past the deadline; many districts return the student pending the MDR.
No current FBA	If the result is a manifestation, the FBA is required. Start it now and set a completion date.
Service logs are incomplete	Note the gap in the meeting. Missing proof of implementation weighs on question 2.
Parent cannot attend in 10 days	Offer phone or video. Document each attempt to schedule.
Relevant teacher absent	Get written input before the meeting and record it.
Services not given after day 10	Start services immediately and discuss makeup services; see compensatory education.

Where to read next

The 10-day rule guide explains the removal thresholds, and counting cumulative removals shows how to get the count right. The FBA and BIP guide covers the behavior work after a manifestation. Short definitions are in the glossary for manifestation determination and procedural safeguards. The special education rights overview covers the broader rights.

Frequently asked questions

Who must attend a manifestation determination review?

The district, the parent and relevant members of the IEP team, as decided by the parent and the district. In practice that usually includes an administrator, the special education teacher, a general education teacher and a school psychologist or behavior specialist.

Can the MDR happen at the same meeting as an IEP revision?

Yes. Many teams hold the MDR first and then, with the parent's agreement, move into an IEP meeting to revise the behavior plan or services. Keep separate notes for each part.

What if the team cannot agree on the answer?

The federal rule does not set a voting procedure. The district makes the determination after considering everyone's input and gives prior written notice. A parent who disagrees can request an expedited due process hearing.

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Sources

34 CFR §300.530: Authority of school personnel, U.S. Department of Education (IDEA website)
34 CFR §300.536: Change of placement because of disciplinary removals, U.S. Department of Education (IDEA website)
34 CFR §300.504: Procedural safeguards notice, U.S. Department of Education (IDEA website)
34 CFR §300.613: Access rights, U.S. Department of Education (IDEA website)
34 CFR §300.503: Prior notice by the public agency; content of notice, U.S. Department of Education (IDEA website)
34 CFR §300.531: Determination of setting, U.S. Department of Education (IDEA website)
34 CFR §300.532: Appeal, U.S. Department of Education (IDEA website)
34 CFR §300.533: Placement during appeals, U.S. Department of Education (IDEA website)
Placement and School Discipline, CPIR

Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.