Manifestation determination is a critical process designed to protect the rights of students with disabilities when they face disciplinary actions that may result in significant changes to their educational placement, such as long-term suspension or expulsion. Under the Individuals with Disabilities Education Act (IDEA), this process involves a review to determine if the behavior prompting the disciplinary action is directly related to the student's disability. The manifestation determination review (MDR) must be conducted within ten school days of any decision to change the placement of a student with a disability. If the behavior is found to be a manifestation of the student's disability, the school is required to take steps to address the behavior through positive interventions, adjustments to the student's IEP, or additional supports, rather than through exclusionary disciplinary practices.
Parents play a vital role in the manifestation determination process and have specific rights to ensure their child's interests are represented. They must be notified of the meeting and given the opportunity to participate, providing valuable insights into their child's needs and behavior. Parents also have the right to access all educational records relevant to the decision, ensuring transparency and fairness. If parents disagree with the outcome of the MDR, they have the right to appeal the decision through a due process hearing. This system is designed to ensure that disciplinary actions are not disproportionately or unfairly applied to students with disabilities and that the underlying causes of behavioral issues are addressed in a supportive and educational manner.
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