What Is a Manifestation Determination Review (MDR)?

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If your child with a disability is facing disciplinary action at school, you might hear the term "Manifestation Determination Review," or MDR. This crucial process, mandated by federal and state law, is designed to protect your child's rights and ensure that disciplinary actions are fair and appropriate. Understanding the MDR process is vital for every parent of a child receiving special education services in Texas. Let's break down what it is, why it matters, and what you need to know.

What Exactly is a Manifestation Determination Review?

The Manifestation Determination Review (MDR) is a process required under the Individuals with Disabilities Education Act (IDEA) when a school seeks to discipline a student with a disability for violating a code of student conduct. In simple terms, it's a meeting to determine if your child's misconduct was caused by, or directly and substantially related to, their disability. It also considers whether the misconduct was a direct result of the school's failure to implement your child's Individualized Education Program (IEP). Think of it this way: IDEA recognizes that sometimes a child's disability can influence their behavior. An MDR helps determine if that's the case. The goal isn't to excuse misbehavior, but rather to ensure that students with disabilities are not unfairly punished for actions stemming from their disability or the school's failure to properly support them. The legal basis for MDRs comes from IDEA and is implemented in Texas through the Texas Education Code (TEC) Chapter 29 and related Texas Education Agency (TEA) rules. These regulations outline the specific procedures and timelines that schools must follow.

When Does a Manifestation Determination Review Happen?

An MDR is triggered when the school proposes a disciplinary action that would result in a change of placement for your child. A "change of placement" occurs when a student is: * Removed from their current educational setting for more than 10 consecutive school days. * Subjected to a series of removals that constitute a pattern of exclusion (even if each removal is for less than 10 days). A pattern exists when the removals total more than 10 school days in a school year, and the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, and additional factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another. It's important to remember that even if a proposed disciplinary action doesn't initially appear to be a change of placement, a pattern of removals can still trigger the need for an MDR. As a parent, you have the right to request an MDR if you believe a pattern of removals is developing. Don't hesitate to advocate for your child if you see this happening. The MDR must occur no later than 10 school days after the date the decision is made to take disciplinary action that constitutes a change of placement. This timeline is crucial, so be aware of the dates and ensure the school adheres to them.

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What Happens During the Manifestation Determination Review Meeting?

The MDR meeting is typically conducted by the Admission, Review, and Dismissal (ARD) committee, or another group designated by the school district. The ARD committee is already familiar with your child's IEP, disability, and educational needs, making them well-suited to conduct the review. During the MDR meeting, the team will review all relevant information, including: * Your child's IEP * Teacher observations * Disciplinary records * Any relevant medical or psychological information * Information provided by you, the parent The team will then consider two key questions: 1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability? 2. Was the conduct in question the direct result of the school's failure to implement the IEP? If the answer to either of these questions is "yes," then the conduct is deemed a manifestation of the child's disability. If the conduct *is* a manifestation of the disability, the ARD committee must then conduct a functional behavioral assessment (FBA), unless one has already been conducted, and implement a behavior intervention plan (BIP) for the student. If a BIP already exists, the ARD committee must review the BIP and modify it, as necessary, to address the behavior. The student must be returned to the placement from which they were removed, unless the parent and the school agree to a change of placement as part of the modification of the BIP. If the conduct is *not* a manifestation of the disability, the school can discipline the student in the same manner as it would discipline a student without a disability, but the school must still provide special education and related services during the period of discipline.

Your Rights as a Parent During the MDR Process

As a parent, you are a critical member of the MDR team. Your input and perspective are invaluable. You have the right to: * Receive timely notice of the MDR meeting. * Participate fully in the meeting and provide information. * Bring an advocate or attorney to the meeting. * Receive a written copy of the MDR determination. * Dispute the MDR determination through due process if you disagree with the outcome. * Have access to all relevant records and information. Don't be afraid to ask questions, voice your concerns, and advocate for your child's needs. Remember, you know your child best, and your insights are essential to ensuring a fair and appropriate outcome. If you feel overwhelmed, consider seeking support from a special education advocate or attorney. They can provide guidance and help you navigate the process.

Action Steps: What to Do Next

1. **Know Your Rights:** Familiarize yourself with IDEA and the Texas Education Code regarding disciplinary procedures for students with disabilities. TEA provides resources on its website that can be helpful. 2. **Review Your Child's IEP:** Ensure the IEP is up-to-date and addresses any behavioral concerns. 3. **Document Everything:** Keep a record of all communication with the school regarding disciplinary issues. 4. **Participate Actively:** Attend all meetings related to disciplinary action and the MDR. Provide your input and ask questions. 5. **Seek Support:** If you feel overwhelmed, consider contacting a special education advocate or attorney. 6. **If you disagree with the outcome:** Pursue due process rights if you believe the MDR was not conducted properly or that the determination was incorrect.

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