Manifestation Determination Review (MDR) Representation in New Jersey

When a student with a disability is suspended, expelled, or removed from their classroom for behavior, federal law provides an essential safeguard: the Manifestation Determination Review (MDR). This meeting determines whether the behavior was caused by the student’s disability — and whether the school followed the law before taking disciplinary action.

If your child has been removed from school, assigned to an alternative placement, or is facing expulsion, you may have a limited window to fight back — and a lot to lose.

At Ratliff Jackson LLP, we represent students and families across New Jersey in MDR hearings, discipline-related due process claims, and educational placement disputes under IDEA and Section 504. When schools treat behavior as willful misconduct instead of a symptom of disability, we intervene immediately — and aggressively.

What Is a Manifestation Determination Review?

An MDR is a legally required meeting under 20 U.S.C. § 1415(k) and N.J.A.C. 6A:14-2.8 when a student with an IEP or 504 Plan is:

• Suspended or removed from school for more than 10 consecutive school days, or
• Subject to a pattern of removals that total more than 10 days in a school year

The purpose of the MDR is to answer two legal questions:

1. Was the behavior caused by, or directly related to, the child’s disability?
2. Was the behavior the result of the district’s failure to implement the IEP?

If the answer to either question is yes, the discipline must stop, and the school must take corrective action — not punitive measures.

Why MDRs Matter: Discipline Can’t Override Disability Law

Schools often suspend or expel students with disabilities for behaviors that stem from ADHD, autism, trauma, anxiety, or other emotional or cognitive challenges. Without an MDR, these actions may violate IDEA or Section 504, and can lead to:

• Illegal removals from class
• Improper referrals to alternative schools
• Denial of FAPE (Free Appropriate Public Education)
• Denial of special education services during suspension
• Long-term academic and emotional harm

We ensure the district follows the law — not its own convenience.

How We Represent Families in MDR Disputes

We take urgent legal action the moment we’re contacted. Our attorneys:

• Review the disciplinary incident, IEP, 504 Plan, and past removals
• Identify patterns of unaddressed behavior or school negligence
• Prepare written statements and expert reports for the MDR meeting
• Advocate for the student’s rights at the meeting
• File due process complaints when MDRs are rushed or unlawful
• Pursue compensatory education, service reinstatement, or placement restoration

We also collaborate with clinical psychologists, behavior specialists, and independent evaluators when needed to link the behavior to the underlying disability — especially when the school claims it wasn’t connected.

Frequently Asked Questions: MDRs in New Jersey

What if the behavior was dangerous or involved drugs/weapons?

Even in serious cases, MDR protections still apply. However, the district may place the child in a 45-day interim alternative educational setting (IAES) during the dispute. We continue to fight for FAPE and appropriate services during that time.

Does the school have to provide services during suspension?

Yes. If a child with a disability is suspended for more than 10 days, they must continue to receive educational services so they can continue making progress on their IEP goals.

What if I disagree with the MDR decision?

You can file for a due process hearing to challenge the finding and seek an expedited resolution. Our firm handles these filings and represents families through litigation when needed.

Can a child be disciplined before an evaluation is completed?

If the district knew or should have known the child had a disability before the incident, they are still entitled to protections. This often applies when the parent requested an evaluation, but the district delayed or refused it.

How quickly must the MDR happen?

Within 10 school days of the decision to change the student’s placement due to a disciplinary violation.

Your Child’s Behavior May Be a Symptom — Not a Crime. We’ll Make That Clear.

No child should be punished for a disability the school failed to understand or support. If your child is facing long-term suspension, removal, or expulsion, it’s not just a disciplinary matter — it’s a legal one. At Ratliff Jackson LLP, we fight to ensure New Jersey schools follow the law, respect students’ rights, and provide the education your child is entitled to.

Call 856-209-3111 or contact us online today. We’ll take immediate action to protect your child and prevent unlawful disciplinary removals.