Is Alleged Misconduct Really Caused By Disability?
The manifestation determination review (MDR) is the process by which a child’s IEP team determines whether alleged misconduct is a manifestation of the child's disability. It must be performed when a school district proposes disciplinary measures that will result in a change of placement for a child with a disability. What should be a simple process, however, can easily be derailed by ineffective preparation, lack of necessary data, and charged emotions. Even simple missteps can result in the denial of a free appropriate public education and the halting of otherwise appropriate disciplinary proceedings. Using recent relevant federal case law as a guide, this presentation will train educators how to break down the specifics of any disciplinary incident, prepare for, and thereafter facilitate legally-sound MDRs. Participants will leave with a step-by-step guide for how to analyze the child’s disability, what information the IEP team should consider, and how to use the facts and circumstances of any disciplinary incident to determine whether alleged misconduct is, in fact, disability related.
