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What is a manifestation determination?

By the IEP Atlas editorial teamLast updated

Short answer

A manifestation determination is a meeting the school must hold within 10 school days of deciding to remove a child with an IEP for more than 10 school days for breaking a rule. The team, including you, decides whether the behavior was caused by the disability, or was the result of the school not following the IEP. The answer changes what happens next.

A manifestation determination is a review the school holds before it can remove a child with an IEP from their placement for a long time because of behavior. Many schools call it an MDR, short for manifestation determination review. The word "manifestation" here means the behavior was a sign of the disability.

The federal rule is in 34 CFR 300.530.[1] It protects children from being punished for behavior their disability caused, and from losing school because the school did not do its part. States can add steps, so ask your school for your state's rules.

When the school must hold an MDR

The school must hold an MDR when it decides to change your child's placement because your child broke the code of conduct.[1] A change of placement happens when:[2]

  • your child is removed for more than 10 school days in a row, or
  • your child has a series of shorter removals that add up to more than 10 school days in a year and form a pattern. For example, the behavior is alike each time, and the removals are long or close together.

The meeting must happen within 10 school days of the decision. On the day the school decides, it must tell you and give you a copy of your rights, called the procedural safeguards notice.[1]

Short removals of up to 10 school days do not need an MDR. Sending your child home early again and again can count as removal days too, even if no one calls it a suspension. Ask the school how it is counting.

The two questions

You, the school, and the members of the IEP team who know your child look at all the information in your child's file. That includes the IEP, teacher notes, and anything you share. Then the team answers two questions:[1]

  1. Was the behavior caused by your child's disability, or did it have a direct and strong link to it?
  2. Was the behavior the direct result of the school not following the IEP?

If the answer to either question is yes, the behavior is a manifestation of the disability.

What happens after each answer

If the team decidesWhat happens next
Yes, it was a manifestationYour child goes back to the placement they were removed from, unless you and the school agree to a change. The school must do a functional behavior assessment (FBA) and write a behavior plan, or review the plan your child already has.[1] If the school did not follow the IEP, it must fix that right away.
No, it was not a manifestationThe school can use the same discipline it would use for any student. Your child must still get services so they can keep working on IEP goals and take part in the general curriculum, even in another setting.[1]
Special case: weapons, drugs or serious injuryThe school can place your child in another setting for up to 45 school days, even if the behavior was a manifestation.[1]

The glossary pages on functional behavior assessment and behavior plans explain those terms.

An annotated example

This example is made up. Hold it next to your own child's paperwork to see what to look for.

The student: Jayden, age 12, has an IEP for ADHD under "other health impairment." His IEP has a goal for staying in his seat and a plan that lets him take a movement break every 20 minutes.

What happened: In March, Jayden left class without asking 4 times in one week and pushed a classmate in the hall on the 4th time. The principal suspended him for 3 days. He had already been suspended for 9 days earlier in the year for leaving class. The new suspension brings him to 12 days, and the behavior is the same each time.

Note: The removals add up to more than 10 days and form a pattern. That makes this a change of placement, so an MDR is required.

What the team looked at: The IEP, the behavior plan, a log of breaks, teacher notes, and his mother's report that he had been out of his ADHD medicine that week.

Note: The break log showed Jayden got 2 of his 8 scheduled breaks that week. That points to the second question: was the IEP followed?

The decision: Yes, a manifestation. Leaving class is linked to his ADHD, and the school did not give the breaks his IEP promised.

Note: Because the answer is yes, Jayden returns to his class. The team updates his behavior plan and sets up a way to make sure breaks happen.

Questions you can ask at the MDR

  • "How many days has my child been removed this year, counting early pickups?"
  • "Can I see everything you are looking at before the meeting?"
  • "Was every part of the IEP followed in the weeks before this happened?"
  • "Does my child have a behavior plan, and was it used?"
  • "Has the school done a functional behavior assessment? If not, when will it?"
  • "What information from me will you consider?"
  • "If you decide it was not a manifestation, what services will my child get while removed?"
  • "Can I have the decision in writing?"

What to do next

  1. Write down the dates of every removal, including days your child was sent home early.
  2. Ask for your child's IEP, behavior plan, and any discipline records before the meeting.
  3. Bring anything that helps explain the behavior, such as a doctor's note or a change at home.
  4. If you disagree with the decision, you can ask for a due process hearing. Discipline hearings are faster than usual: the hearing must happen within 20 school days of the request.[3] The mediation vs due process guide explains how hearings work.
  5. Get free help from your state's Parent Training and Information Center. You can find yours through the Center for Parent Information and Resources.[4]

Your full list of rights is in the special education rights overview. The manifestation determination glossary entry has a short definition you can share with family.

Frequently asked questions

Who attends a manifestation determination meeting?

You, someone from the school district, and the members of the IEP team who know your child and the situation. You and the school decide together which team members should be there.

Can my child be expelled if the behavior was a manifestation?

No. If the team decides the behavior was a manifestation, your child goes back to the placement they were removed from, unless you agree to a change. The exception is for weapons, drugs or serious injury, where the school can use another setting for up to 45 school days.

Does a child without an IEP get a manifestation determination?

Sometimes. If the school knew the child might have a disability before the behavior happened, for example because a parent asked in writing for an evaluation, the child may have the same protections.

Use it in IEP Atlas

Sources

  1. 34 CFR §300.530: Authority of school personnel, U.S. Department of Education (IDEA website)
  2. 34 CFR §300.536: Change of placement because of disciplinary removals, U.S. Department of Education (IDEA website)
  3. 34 CFR §300.532: Appeal, U.S. Department of Education (IDEA website)
  4. Center for Parent Information and Resources, CPIR
  5. 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.

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