Manifestation Determination Review
When a child with a disability engages in behavior or breaks a code of conduct and the school proposes to remove the child for up to 10 consecutive days, the Individuals with Disabilities Education Act (IDEA) requires the school to hold a hearing to determine if the child’s behavior was caused by his or her disability. This hearing, called a manifestation determination review (MDR), is a process to review all relevant information and the relationship between the child’s disability and the behavior.
Schools continue to wrongly suspend and expel students with disabilities for behavior caused by their disabilities. For exclusions longer than 10 days, students with and without disabilities have the right to a more formal due process hearing to determine their “guilt,” including the right to:
- Notice of the charges and evidence against the student
- Question and present witnesses
- Review and present evidence
- Bring an attorney or advocate
Due Process Hearings In La Mesa, Chula Vista And All Of Southern California
This is an important meeting for the parents and the student. If the individualized education program team concludes that either the behavior was a result of disability or a failure by the school, it is a manifestation of disability. In such instances, generally, the child cannot be suspended or expelled and must remain in his or her current educational placement.
You have the right to challenge the school’s determinations at any step in the process. The Law Office Of Meagan Nunez in San Diego can assist in your appeal.
These situations call for skillful advocacy and, frequently, the support of qualified mental health or other treating professionals. This includes filing for an expedited due process hearing. The expedited due process hearing requires your case to be heard within 20 school days from the date of your request. The written decision must follow within 10 school days.
If you believe that your child has been wrongly disciplined and is eligible for special education or should be eligible, our experienced manifestation lawyer is knowledgeable in navigating the intricacies of manifestation determination and assisting you to obtain the protection that your child deserves.
Contact us to schedule a free, no-obligation consultation in which we can review the facts of your case and recommend the best course of action.