Manifestation Determination Reviews (MDR) in Kansas: Protecting IEP and 504 Students from Discipline

When a student with a disability faces severe disciplinary action, standard school rules do not apply. Students who have an Individualized Education Program (IEP) or a 504 Plan are protected by a complex layer of federal and state laws designed to ensure they are not punished for behaviors that are simply symptoms of their disabilities. If your child attends a school governed by the Kansas State Department of Education, Topeka and is facing an expulsion or a long-term suspension, the school district must conduct a Manifestation Determination Review (MDR). This crucial meeting is the ultimate defense against an unfair expulsion.

The MDR process is highly technical, and school districts often try to rush through the meeting to justify their disciplinary decisions. Parents frequently find themselves outmatched by a room full of school psychologists and administrators. Because the result of this meeting determines whether your child stays in school or is expelled, we strongly encourage you to browse our directory of US Lawyers to hire a Kansas special education attorney who can advocate for your child's federal rights.

What Triggers an MDR in Kansas?

The requirement for an MDR is established by the 20 U.S.C. § 1415(k), and mirrored in Kansas special education regulations. An MDR is triggered whenever a school proposes to change a special education student's placement for disciplinary reasons. In Kansas, a "change of placement" occurs when a student is suspended for more than 10 consecutive school days, or when a student is subjected to a series of shorter suspensions that add up to more than 10 days in a single school year and form a pattern of removal.

Once the 10-day threshold is crossed, the school must halt the expulsion process and convene the IEP team, including the parents, within 10 school days of the decision to discipline the student. During this time, the student usually remains in their current educational placement, a protection known as the "stay-put" provision, established by the landmark Supreme Court decision in Honig v. Doe, 484 U.S. 305 (US Supreme Court 1988), unless the incident involved weapons, illegal drugs, or serious bodily injury.

Determining if Behavior is a Manifestation of Disability

The entire purpose of the MDR meeting is to answer two critical questions. First, was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability? Second, was the conduct the direct result of the school district's failure to implement the student's IEP?

If the answer to either of these questions is "yes," then the behavior is officially determined to be a manifestation of the disability. If this is the case, the school cannot proceed with the expulsion. They cannot punish the child for their disability. Instead, the school must take immediate steps to address the behavioral issues through positive interventions and specialized support. If the answer to both questions is "no," the student can be disciplined in the exact same manner as a general education student, which usually means the expulsion hearing will move forward.

Functional Behavioral Assessment (FBA) Requirements During the Disciplinary Process

If the IEP team determines that the behavior was a manifestation of the disability, federal law requires the school to conduct a Functional Behavioral Assessment (FBA), unless one was already completed prior to the incident. An FBA is a comprehensive evaluation conducted by a school psychologist or behavior analyst to determine exactly why the student engages in the problem behavior.

Based on the data collected in the FBA, the IEP team must then develop a Behavior Intervention Plan (BIP), or review and modify an existing BIP, to prevent the behavior from happening again. If the school attempts to expel your child without ever conducting an FBA or implementing a BIP, your attorney can argue that the district fundamentally failed to provide a Free Appropriate Public Education (FAPE) and failed to implement the IEP, which automatically invalidates the expulsion.

Appealing a Negative MDR Decision

If the school district determines that the behavior was not a manifestation of the disability, you have the right to appeal that decision by requesting an expedited due process hearing. To do this, your attorney will file a formal complaint using the official Form Notice, Kansas, Kansas State Department of Education, Notice of Parent's Request for Special Education Due Process Hearing with the state. An independent administrative law judge from the Office of Administrative Hearings, Topeka will hear the case. Because it is an expedited hearing, it must occur within 20 school days of the request, and a decision must be issued within 10 school days after the hearing.

How Much Does it Cost in Kansas?

Hiring an attorney for an MDR and potential due process hearing is a vital investment in your child's future.

How Long Does the Process Take?

The timeline for special education discipline is strictly regulated by federal law. The MDR meeting must take place within 10 school days of the decision to change the student's placement. If you disagree with the MDR result and request an expedited due process hearing, the state must hold the hearing within 20 school days of your request. A final written decision from the administrative law judge will be issued within 10 school days following the hearing, bringing the entire appeal process to a close in roughly a month and a half.

Frequently Asked Questions (FAQ)