Your child comes home with a suspension notice. The school informs you that it plans a disciplinary removal that would change your child’s placement. This can make you feel scared and unsure what happens next.
Under the federal Individuals with Disabilities Education Act, children with disabilities have added discipline protections. California schools must follow this law and the California Education Code. One key safeguard is the manifestation determination review (MDR). This meeting protects your child when discipline may change placement.
When does the school have to hold an MDR?
Federal law sets a clear rule that if the district decides to change your child’s placement for a code of conduct violation, it must hold an MDR within 10 school days of that decision. California districts track total days of removal during the school year to determine when a change of placement occurs.
An MDR is usually needed in these situations:
- Your child faces removal for more than 10 consecutive school days
- A series of shorter removals adds up to more than 10 school days and forms a pattern
- The school recommends expulsion
- The district moves your child to an alternative setting for discipline
- The conduct involves drugs, weapons or serious bodily injury, which may allow the district to place your child in an interim alternative educational setting for up to 45 school days, even if the behavior relates to your child’s disability
In this meeting, the Individualized Education Program (IEP) team must decide if the behavior had a direct and significant link to your child’s disability. The team must also decide if the school failed to follow the IEP. If either answer is yes, the law limits discipline.
What should you watch for before and during the meeting?
As a member of the IEP team, you help review evaluations, the IEP and teacher reports. The team must also review behavior plans and past supports.
You may ask whether the school provided all services listed in the IEP and whether your child received behavior supports before the incident. The team may need to carry out a functional behavioral assessment or update a behavior plan.
Protecting your child’s right to stay on track
Discipline should not push your child out of school when unmet needs drive the behavior. Federal and California law give you tools to protect your child’s education. If the school proposes discipline that may change placement, you do not have to face it alone.