Manifestation Determination Review
Within 10 school days of a school’s decision to change the placement of a child with a disability because the child violated the student code of conduct, the school must hold a hearing to determine whether:
the child’s behavior was caused by or had a substantial relationship to the child’s disability, or
the conduct in question was the direct result of the school’s failure to implement the child’s IEP.
This is called a Manifestation Determination Review (MDR). The MDR should include school personnel, the child’s parents, and relevant members of the ARD committee.
In addition, you may retain an attorney to represent your interests at the MDR. Although there are exceptions, if the school personnel, the child’s parents, and the relevant members of the ARD committee determine that either (1) or (2) is applicable, the child must be returned to his or her previous placement.