What is a Manifestation Determination Review?
“Help! The principal called and I have to go to a Manifestation Determination review….what do I do?” That’s a question I hear often, too often! And while I have done posts on dealing with suspensions and discipline, I have never actually done one on Manifestation Hearings. So, here goes…
When do you do a Manifestation Determination Review?
Here is the snippet from IDEA Procedural Safeguards. Full booklet is below. Remember to check your State’s regulations as they may differ from IDEA.
Wait! Let’s look at that again.
Highlighting is mine. But what this means is, the school does not have to wait the full 10-days, or whatever the threshold is, before holding a Manifestation Determination Review. Keep that in mind if you are told “Well, we have to wait for 10 days because….” No, they do not.
And here’s what I do, as an Advocate for my clients.
Ask for a Manifestation Hearing after every suspension.
Yes, even the first. I do. And I’m always told no. But here’s why I do it.
- As parents and advocates, we want our kids to be supported rather than punished.
- The suspension worthy behavior tells me that something is not working with the either the IEP or the Behavior Plan. And I want it fixed.
- It creates my paper trail, should the situation deteriorate.
- The school is now aware that I (or my client) are aware of both the regs and Procedural Safeguards. And that we want the child supported and behavior modified. Remember, there is no pedagogical argument for suspending a child. None.
This doesn’t have to be complicated. A simple email with “Dear school, I wish to request a MDR for my child for the incident of 04-15-2019. I believe that his behavior was a manifestation of his disability and the team needs to discuss this. I am available these dates and times.”
Expect them to say “No.” They usually do. I particularly like the “well, we can’t, we have to wait until…” and then I point to the Procedural Safeguards. That usually gets us a new FBA at the very least.
First steps for parents.
If you are called or emailed to attend a Manifestation Determination Review, first you need to calm down. That’s not meant to be condescending. It’s realistic advice. You have to have your feet under you and your emotions under control for this. You can bring out your inner Mama Bear, but she needs to be cool, collected and strategic.
It has a very scary name, don’t let that throw you. Also, don’t let school personnel tell you “it’s no big deal, you don’t even have to be there…”
It is a big deal. Be there.
Read all documents before you sign anything.
I have had many situations where a client was suspended from school. It’s chaotic. It’s stressful. You got called away from work, or wherever you were. You’re upset and maybe embarrassed, but you have to keep calm and focused. Because in the midst of all this chaos of you coming to the school to get your child (who has just exhibited suspension-worthy behavior), I have seen school personnel stick all kinds of things under parents’ noses and just say “Oh, and here, sign this and you can take him home.”
And in some cases, the parent has signed a form agreeing to a more restrictive placement (like alt ed) or has waived their right to a Manifestation Hearing or IEP meeting to discuss. I’ll say it again–I know you’re upset, but keep your feet under you and do not sign anything without reading it.
If you have already done this, email everyone immediately. “I am sorry, but I was upset and under duress due to the situation, and I am now rescinding my signature and agreement to….(and list whatever it was that you signed). I do wish to have a Manifestation Hearing and IEP meeting for my child’s behavior incident on May 15.”
That bit of advice is the most important bit of advice I can give you. Stay calm, gather your facts and data, and treat this as a business meeting.
How to Prepare for a Manifestation Determination Hearing
Time needed: 1 day.
How to Prepare for a Manifestation Determination Hearing
- The first thing you want to do is gather data.
Ask for all incident reports and files that the school has related to this incident.
- Know your state’s Special Education Regulations.
Some states have variances on suspensions, expulsions and AEDY. Familiarize yourself with these before you start.
- Prepare your research on your child’s disability.
What you want to gather is signs/symptoms/manifestations of your child’s disability. For example, a classic hallmark of ADHD is impulsive behavior.
- Gather the current IEP and behavior plan for your child
You also want to have any recent notes or emails from teachers that may offer a window into the situation. Such as, “his aide was absent again today.”
- Go to your school district website and read/print their discipline policy.
Make sure that your child was not punished more severely than his/her non-disabled peers would be in the same situation.
- Read your IEP Procedural Safeguards.
You should receive a copy every year. Read them! Discipline is in there.
- Next, you want to prepare your worksheet.
I have a copy of PA’s worksheet below. You can look for one on the website of your state’s Parent Training Center, or use this one.
- Brainstorm anything that could be relevant and bring the documentation for it.
What I mean by this is: Many times our kids are bullied. Parents ask for help, they don’t receive. Disabled child reaches his/her breaking point, and lashes out at bully. And gets suspended. Mind you, not condoning violence. But if they were provoked, that needs to be brought up.
- Ask for appropriate IEP or Behavior Plan changes in writing.
This is the time, follow up in writing if necessary. But if things need to change, now is the time to start the discussion.
Here is one to practice with.
When you get to your meeting, someone from your child’s school will have theirs printed out. This is what the team will go over. Make sure you have read over your state-specific policies. For example, in PA, a child with an intellectual disability cannot be suspended for even one day without a Manifestation Determination Review.
Attending a Manifestation Determination Review
Both parents should attend the Manifestation Determination Meeting if possible. The child should attend. You can also bring people who have professional knowledge of your child. It would be nice if you could get a doctor to be present, but that doesn’t often happen.
Still, you could ask your child’s therapist, wraparound behavior person or case manager if they would be willing to speak on your child’s behalf. Having an advocate who has been there before is always nice. And I would definitely find an attorney if the school plans on pressing charges.
Someone on the team will start going through the questions on the form. The team answers and discusses them. At the Manifestation Review, present your factual information in a calm and professional manner. It is been my experience that it is not as hard to get the team to agree that it was a manifestation of the disability. But it is very difficult to get the team (made up mostly of school personnel) to agree that the IEP was inadequate or not being followed.
(In other words, the school’s fault.) And that is often the case!
I have had many clients with a 1:1 for behaviors and their behavior occurred while the 1:1 was at lunch, or called in sick, or whatever. Depending on your individual situation, you will have to determine if that is a battle you wish to fight.
Options during the Manifestation Determination Review
- The team determines it was a manifestation of disability—> the team should go right into reviewing the IEP and behavior plan. Or schedule a time in the very near future to do so.
- If the child does not have a behavior plan, then an FBA is scheduled.
- The team decides it was NOT a manifestation of the disability, and you disagree, ask them what the appeals process is.
- Make sure you note on the form that you disagree with this decision.
Gaslighting at Manifestation Determination Meeting
I have a post about gaslighting and IEP meetings. Honestly, I have been gaslighted at more Manifestation Hearings than any other type of meeting. There was a point in my career where I was sometimes attending 2 or 3 of these in a day, so I knew what to expect. And still, the school board members would look directly at me and say, “No, you are wrong.”
It was like talking to a rock. Say your peace. But if you are not getting anywhere, follow up in writing and contact your state’s Protection and Advocacy Agency. You can also ask them to show you what they are telling you.
Again, stay calm. This is one of the most stressful things a parent will have to do. I personally think they are much more stressful than IEP meetings. This is also another reminder to keep great records on your child and do everything in writing. If your child has been having behaviors and you’ve been asking for an FBA and have been turned down, this would be a great time to have several emails to show them and remind them that you have been trying to solve this.
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