A school cannot expel a student with a disability without holding a Manifestation Determination Review (MDR). This meeting must be held within ten days after the school's decision.

The team who has created the student's Individualized Education Program (IEP) should attend the meeting. They must decide whether the student’s misconduct had something to do with his or her disability.

• The student's misconduct was caused by, or had a direct and substantial, relationship to, his or her disability, or
• The student's misconduct was a direct result of the school’s failure to implement the IEP.

If you are a parent, you should attend this meeting. You should present any information that shows your child's disability caused the behavior. You may use a therapist or doctor's testimony.

The school must send the parent or guardian a written notification of the misconduct if it includes:

• Offensive touching,
• A physical altercation, or
• The use of violence.

• The information that you present,
• The information in the student’s file, and
• The teachers’ observations of your child.

Once the IEP team finds that your child's disability caused the behavior, the school cannot expel your child. Also, the IEP team has to either: 

• Conduct an assessment of your child's behavior and implement a Behavior Intervention Plan (BIP); or
• If your child already has a BIP, change the BIP as necessary.

If the IEP team finds your child's disability did not cause the behavior, you can appeal the decision. To appeal, you must ask for an expedited due process hearing. View the Discipline and Manifestation Determination Review Timeline for a summary of this process.

You may choose not to appeal the MDR decision. Or, you might appeal and lose. Then the school must invite you to attend an expulsion hearing.You will discuss your child’s behavior. An expulsion hearing is the same for students with and without disabilities.

Public schools must send you a notice of the expulsion hearing. This must be in writing by certified or registered mail. The notice must state the time, place, reason for the hearing. It must state your right to be represented by a lawyer.

Charter schools vary. See the school’s disciplinary handbook for information on its expulsion procedures.

At the hearing, the school must give reasons for the expulsion and the date when the expulsion will start.