| | | | caused by | |
| The MDR | determines | if a child’s action was | resulted from | the child's disability. |
| | decides | | manifested by | |
The decision is made by the district, the parent(s), & relevant IEP team members.
Relevant members are picked by the school & the parent(s).
Form PR-03: Manifestation Determination Review
F26 Manifestation Determination Review
IF26 Manifestation Determination Review
If a parent objects to a change of placement for discipline then the parent can request an expedited DPH to challenge a change to discipline. The HO decides if the school followed protocol when
deciding on a change to discipline.
When a child with a disability violates BoE school rules & the school decides on a change to discipline then an MDR is to be done before 10sd.
The school, the parent(s), & relevant IEP team members do the MDR.
All related data in a child’s file, the IEP, & data from teachers & parent(s) must be reviewed.
This relevant data is to decide if one of the following conditions existed:
1. Violating act was caused by or had a direct & significant relationship to a disability; or
2. Child’s action was the direct result of the school's failure to act on the IEP.
If the school, relevant IEP team members, & parent(s) decide that the child’s actons met condition #1 or #2 then the action is a manifest of a child’s disability.
If condition #2 was met then the school must act on the IEP -- immediately.
If a parent objects to the MDR and requests an EDPH then the HO decides if the school showed that the child’s action was or was not a manifest of the child’s disability, as per the above conditions.
If a child's action is a manifest of the child’s disability then the IEP team must clarify if a BIP exists.
If a BIP does NOT exist then the IEP team must do a FBA w/in 10d of the MDR & complete the assessment asap -- unless the school had done an FBA before the action that brought about the change to discipline & do a BIP for the child.
If a BIP does exist then the IEP team must review the BIP.
If needed then change the BIP to correct the child's action and return a child to the old place -- unless the parent(s) & the school agree to a change to discipline as per a modified BIP -- w/in 10d of the MDR,
If an act was manifested by a child’s disability then the child may return to the place from before the change to discipline.
The school does not need to return a child to the old place from before the removal.