What to do before the manifestation determination review (mdr)
Walk in with the record, one priority question, and a written follow-up path. That keeps the meeting calmer and easier to document.
Bring the core record
The incident report, discipline notices, witness statements, and the full discipline history for this school year.
Lead with one data question
Was the conduct caused by, or did it have a direct and substantial relationship to, the disability?
Put the agenda in writing
If the meeting is not scheduled or the agenda is unclear, send a short request naming the sections you want reviewed.
Review the IEP before the meeting
Use the audit to spot vague goals, missing service details, weak present levels, and questions worth bringing.
Start with the record, then ask one safe question.
This page is for parent preparation and document review. It helps you organize the meeting question before relying on a legal conclusion, clinical conclusion, or state-specific deadline.
Situation
Use this when discipline removals may trigger a manifestation determination review.
Record
Pull incident reports, removal dates, discipline notices, current IEP, FBA, BIP, service logs, and disability-related records.
Question
Ask: what evidence shows whether the conduct was related to disability or was the direct result of not implementing the IEP?
Caution
Discipline decisions are time-sensitive and fact-specific. Use this to organize records, then verify local rules or get qualified help for urgent legal decisions.
Red flags that matter
- The team has not counted all removals, shortened days, or discipline changes that may matter.
- The BIP, services, or accommodations were not reviewed before deciding the two MDR questions.
- The school relies on a behavior label without connecting the incident to evaluation data, implementation, or disability-related needs.
Use the right page
Use the right discipline page
- Use this page for the meeting script and record checklist before an MDR.
- Use a discipline-removal or behavior-plan audit when you need to review the written IEP sections first.
- Use legal or local help when placement, appeal, removal, or safety decisions are immediate.
Source check
Use these official anchors to verify the federal rule, then check state timelines and local procedures before relying on a deadline, consent rule, or legal conclusion.
Remember Your Rights
You are an equal member of the IEP team according to IDEA. If you do not understand something, pause and ask for an explanation. You can ask for time to review the completed document before agreeing when you are unsure about any part of the plan.
"I've sat at over 500 IEP tables."
I'm Mary, a former special education teacher and administrator, a Special Education Advocate, and co-founder of The Advocate Ally with my son, Graham. I left the system to help families directly. I created this special education resource because too many parents feel pressured to accept generic, "cookie-cutter" IEPs.
The guidance below is grounded in the same practical, document-based questions I raise in IEP meetings every day. Use it to ask for clearer, more individualized support for your child.
Mary
Co-founder, The Advocate Ally
Walk in with the record, not just a concern.
The goal is not to win a debate in the room. It is to keep the team focused on data, services, written decisions, and the next document your child will actually rely on.
What to bring
- The incident report, discipline notices, witness statements, and the full discipline history for this school year.
- The current IEP, Behavior Intervention Plan, Functional Behavior Assessment, service logs, and accommodation list.
- Medical, therapy, or psychological records that explain how the disability can relate to the behavior.
- A timeline showing what happened before the incident, what support was or was not provided, and how the school responded.
What to ask
- Was the conduct caused by, or did it have a direct and substantial relationship to, the disability?
- Was the conduct the direct result of the school's failure to implement the IEP, BIP, services, or accommodations?
- What evidence did the team review, and what evidence did the team exclude?
- If the team finds no manifestation, what appeal rights and expedited due process information will be provided today?
A useful meeting note points to a page and a next step.
The goal is not to accuse the team in the room. It is to name the document, the missing data, and the follow-up question clearly enough that the answer can be written down.
Finding
The incident packet is missing the implementation record
Evidence to check
The discipline notice describes the incident, but the packet does not yet show whether behavior supports, supervision, accommodations, or services were implemented as written before the event.
Parent-safe next step
Ask the team to add service, BIP, accommodation, and removal-count records to the MDR packet before answering the two IDEA questions.
Before the Meeting
Request the complete discipline file and any incident reports immediately.
Gather private medical or psychological records linking the behavior to the disability.
Review the current IEP: Was a Functional Behavior Assessment (FBA) done? Was the Behavior Intervention Plan (BIP) actually followed?
During the Meeting: The Two Legal Questions
Question 1: Was the conduct caused by, or did it have a direct and substantial relationship to, the child's disability?
Question 2: Was the conduct the direct result of the school's failure to implement the IEP?
If the answer to either question is yes, ask what IDEA discipline protections and placement rules apply.
During the Meeting: Fighting the Expulsion
Point out if the school failed to follow the BIP. If they failed to implement it, it is a manifestation by default.
Argue that impulsivity, poor emotional regulation, or social deficits (common in ADHD/Autism) directly relate to the incident.
If they determine it was NOT a manifestation, state that you disagree and immediately ask for a Due Process hearing form.
Keep the team focused.
Keep to the two IDEA questions
Redirect broad discipline opinions back to disability relationship and IEP implementation.
Review implementation
Ask whether each relevant service, accommodation, and behavior support was provided as written.
Document missing evidence
If reports or witnesses are missing, state that the team is deciding without a complete record.
Confirm placement
Before leaving, ask what placement and services apply while any dispute or appeal is pending.
Send one calm follow-up email.
Parent memory should not have to carry the whole meeting. Put the decisions and open questions in writing while the conversation is still fresh.
- Email a summary of the decision, evidence reviewed, evidence missing, and whether you disagree.
- Request copies of the MDR paperwork, discipline records, and any appeal or expedited hearing forms.
- If behavior support was missing, ask the team to schedule an FBA/BIP review immediately.
Subject: Follow-up from Manifestation Determination Review (MDR)
Dear IEP Team,
Thank you for meeting today. I want to make sure I understood the decisions and next steps correctly.
My notes from the meeting:
- 1. The team agreed to: [list decisions].
- 2. The team will send: [draft IEP, reports, data, PWN, or other documents].
- 3. I still have questions about: [open concerns].
Please let me know if I misunderstood anything. Otherwise, I will keep this email with my child's IEP records.
Red Flags During the Meeting
Watch for these warning signs — they may indicate that important decisions need more discussion or documentation.
The school presents a 'finished' IEP for you to sign at the meeting
What to say:
Say: 'I appreciate having a draft to review. I'd like to walk through each section, add my parent concerns, and take time to review the completed document before I respond.'
How the audit helps:
Our audit reviews whether parent concerns and important team decisions are documented clearly in the IEP.
The team rushes through the meeting and discourages questions
What to say:
Say: 'I need a little more time to understand this section. Can we slow down and note any questions that need a follow-up meeting or written response?'
How the audit helps:
Upload your IEP after the meeting to identify written sections that may still need clarification.
An administrator who doesn't know your child makes placement decisions
What to say:
Say: 'Before we discuss placement, I'd like to hear from the teacher and related-service providers who work with my child regularly and can connect the recommendation to current data.'
How the audit helps:
We check whether placement decisions in the IEP are supported by the evaluation data and Present Levels.
The school says 'we don't do that here' when you request a service or accommodation
What to say:
Say: 'Can the team explain how this request was considered against my child's documented needs? If the answer is no, please document the decision and reasoning in writing.'
How the audit helps:
Our audit flags service language that may be vague, missing, or disconnected from documented needs.
Use the right tool for the next question.
Review the IEP before the meeting
Use the free audit to spot vague goals, missing services, weak present levels, and questions worth bringing.
Find goal examples
Compare proposed goals with measurable examples by disability, grade, and skill area.
If the school says no
Move from verbal disagreement to a documented request, Prior Written Notice, or dispute option.
Put it in writing
Use letter templates for evaluations, IEEs, meeting requests, disagreements, and follow-up.
Prepare the questions that matter most.
Upload the IEP to identify written sections worth discussing, then use the findings to prepare focused meeting priorities and questions.
Frequently Asked Questions
What is a manifestation determination review (MDR)?
Can my child still be suspended during the MDR process?
What if the MDR decides the behavior was NOT a manifestation?
Review your IEP before the meeting
Upload your child's IEP to identify the written sections and questions worth prioritizing at the meeting.
Review My IEP