Protecting the Rights of Students with Disabilities

Students with disabilities are entitled to specific legal protections when facing school discipline. A Manifestation Determination Review (MDR) is a critical legal process that determines whether a student’s behavioral incident was a direct result of their disability. Schools cannot suspend, expel, or remove a student receiving special education services for more than ten days without conducting an MDR.

At Ratliff Jackson LLP, our attorneys represent students and families during Manifestation Determination Reviews, ensuring that schools follow the law and provide appropriate interventions instead of unfair disciplinary actions. If your child is facing suspension, expulsion, or a change in school placement due to behavior related to their disability, we can advocate for their rights.

Why You Need an Attorney for a Manifestation Determination Review

The MDR process requires a thorough understanding of special education law, as well as strong advocacy to ensure schools do not improperly punish students for behavior caused by their disabilities.

Here is why hiring a Manifestation Determination Review attorney is critical:

• Schools May Wrongfully Discipline Students with Disabilities – Without legal representation, schools may argue that a behavior was unrelated to the student’s disability to justify harsh punishment.
• The School’s Decision Impacts the Child’s Future – An incorrect MDR decision could lead to expulsion, a change in placement, or referral to an alternative school.
• Legal and Educational Experts Can Strengthen Your Case – Attorneys can present medical records, educational assessments, and expert testimony to show the behavior was linked to the disability.
• A Well-Prepared Defense Can Prevent Unjust School Discipline – A lawyer ensures the child receives necessary support instead of inappropriate punishment.

At Ratliff Jackson LLP, we fight to ensure students receive supportive interventions instead of unnecessary disciplinary removals.

Common Manifestation Determination Review Cases We Handle

Our attorneys represent families in cases involving:

• Suspensions or Expulsions of Students with IEPs or 504 Plans – Challenging disciplinary actions that violate special education laws.
• Behavioral Incidents Related to a Student’s Disability – Ensuring schools recognize the connection between a disability and the child’s actions.
• Failure to Provide Behavioral Support Services – Holding schools accountable for neglecting Behavior Intervention Plans (BIPs) and support services.
• School Placement Changes Without Parental Consent – Preventing schools from sending students to alternative placements or special programs without due process.
• Denial of Proper Evaluations and Assessments – Ensuring students receive the appropriate educational and psychological assessments before disciplinary action is taken.

If your child is facing disciplinary action, we can ensure that their rights under the Individuals with Disabilities Education Act (IDEA) and Section 504 are fully protected.

Potential Remedies – How an MDR Can Protect Your Child

A successful Manifestation Determination Review can prevent unfair discipline and ensure the child continues to receive the support they need. Potential outcomes include:

• Reversal of Suspension or Expulsion – Ensuring the student remains in their current educational placement.
• Implementation or Modification of a Behavior Intervention Plan (BIP) – Creating or adjusting plans to address behavioral concerns through support rather than punishment.
• Additional Special Education Services – Securing accommodations that help prevent future incidents.
• Placement in a More Supportive Educational Setting – If needed, transferring the student to a program that better meets their needs.

Who We Help – Advocating for Students and Families

Our education law attorneys represent:

• Students with IEPs or 504 Plans facing disciplinary actions.
• Parents seeking to challenge unfair Manifestation Determination Review decisions.
• Families advocating for proper behavioral supports and interventions for their children.
• Students who have been suspended or expelled without a proper MDR hearing.

We are committed to protecting students’ rights and ensuring they receive fair treatment under special education laws.

Frequently Asked Questions (FAQs)

What is a Manifestation Determination Review?

An MDR is a meeting required under IDEA to determine whether a student’s misbehavior was a result of their disability. If the behavior is linked to the disability, the school must provide interventions rather than punitive discipline.

When is a Manifestation Determination Review required?

An MDR must take place if a school wants to suspend, expel, or change the placement of a student with an IEP or 504 Plan for more than ten consecutive school days.

What happens if the school determines the behavior was not related to the disability?

If the school finds that the behavior was not a manifestation of the disability, the student may face disciplinary action like any other student. However, parents can appeal this decision and challenge the school’s findings.

Can I appeal a Manifestation Determination Review decision?

Yes. If a school wrongfully determines that a behavior was not related to a disability, parents can challenge the decision through a due process hearing or by filing a complaint with the state education agency.

Contact Our Manifestation Determination Review Attorneys

If your child is facing suspension, expulsion, or a change in placement, a Manifestation Determination Review is a critical opportunity to prevent unfair disciplinary actions and secure the support your child needs.

At Ratliff Jackson LLP, we fight for students’ rights, ensuring that schools comply with special education laws and provide appropriate interventions instead of harsh punishments. If your child’s school is not handling an MDR fairly, we are here to help.

Contact us today to discuss your case and explore your legal options.