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The Manifestation Determination Review (MDR) is a meeting. The goal is to determine if a child's behavior resulted from their disability. A student can't be expelled for behavior resulting from their disability. Also, the school can't suspend them for more than 10 days in a row.
The school must hold an MDR within 10 school days for certain reasons. This applies if the child has been suspended for more than 10 school days.This also applies if the child receives 10 or more school day suspensions per year.
The school might conclude the behavior is a result of the student’s disability. Then the school must conduct a Functional Behavior Analysis (FBA). The school must develop a Behavior Intervention Program (BIP).
The school might conclude the behavior was not due to a disability. In this case, the student can be disciplined in the same way as students without disabilities. This includes expulsion. A parent may disagree with the team's decision. The parent may request a due process hearing.
The student can still get services to progress with their Individualized Education Program (IEP) goals. This is true even if they are expelled. They can also participate in general education curriculum.
Learn more about on the MDR process with this MDR timeline.
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Worried about doing this on your own? You may be able to get free legal help.
Part of the equal education library, sponsored by Greenberg Traurig.
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