If your child with an IEP or 504 Plan is facing a suspension or expulsion serious enough to change their placement, California and federal law require something most parents have never heard of until they need it: a Manifestation Determination Review, or MDR.
When an MDR is required
Whenever a school proposes to remove a student with a disability for more than 10 consecutive school days — or a pattern of shorter removals adds up to a de facto change in placement — the district must hold an MDR.
What the team actually decides
The IEP team, including the parent, reviews the child’s file and the behavior in question and answers two questions: was the conduct caused by, or directly related to, the child’s disability; and was the conduct the direct result of the district’s failure to implement the IEP? A “yes” to either question means the behavior is a manifestation of the disability.
If the behavior is a manifestation
- The child generally returns to their prior placement (with limited exceptions).
- The IEP team must conduct or review a functional behavior assessment and put a behavior intervention plan in place.
- The disciplinary removal that triggered the MDR is not simply carried out as planned.
If it’s found not to be a manifestation
The school may proceed with discipline as it would for a student without a disability — but the district must still continue providing educational services so the child can progress in the general curriculum and toward IEP goals. One important exception applies regardless of the manifestation finding: for weapons, illegal drugs, or serious bodily injury, a school may place a student in an interim alternative educational setting for up to 45 school days no matter what the MDR concludes.
Your rights as a parent in the room
You are a required participant in this meeting, not an optional one, and you can disagree with the team’s conclusion and request a due process hearing on an expedited basis.
What if I disagree with the MDR outcome?
You can request an expedited due process hearing, which moves faster than a standard hearing given the disciplinary stakes involved. In many cases, the child’s placement during that dispute follows the “stay-put” rule — generally remaining in the placement they were in before the disciplinary action, with narrow exceptions for weapons, drugs, or serious injury cases. If your San Diego County child is facing a disciplinary removal and a manifestation determination is coming up, it’s worth understanding these rights before the meeting, not after.
