Manifestation Determination Reviews in New Hampshire: Defending IEP Students Facing Expulsion
If your child has an IEP and is suspended for more than 10 days, federal and New Hampshire laws require a Manifestation Determination Review (MDR). This vital meeting determines if the misbehavior was caused by their disability, legally protecting them from unfair expulsion.
When a student receives special education services, school discipline becomes vastly more complex. Public schools in Concord, Manchester, Nashua, and across New Hampshire cannot simply expel a student with an Individualized Education Program (IEP) the same way they would a general education student. Federal protections exist to ensure that children are not punished for the symptoms of their disabilities. If your child is facing long-term suspension or expulsion, navigating the Manifestation Determination Review (MDR) is critical to keeping them in their educational placement.
Step-by-Step MDR Process in New Hampshire
The intersection of special education law and school discipline is governed by federal rules and local administrative codes. Understanding how these rules operate is essential for protecting your child's right to a Free Appropriate Public Education (FAPE).
The 10-Day Disciplinary Removal Rule in New Hampshire
Under the 20 U.S.C. § 1415 and corresponding state rules, a school can suspend an IEP student for up to 10 consecutive school days without triggering special education protections. However, once a suspension exceeds 10 days, or if a series of shorter suspensions adds up to a pattern of more than 10 days, it constitutes a 'change in placement'. At this point, N.H. Admin. Code § Ed 1124.01 dictates that the school district must hold an MDR meeting within 10 days of the decision to change the student's placement.
Preparing for the Manifestation Determination Review (MDR)
The MDR is not a hearing to decide if your child broke the rules; the school likely already believes they did. Instead, the MDR team-which includes you, a district representative, and relevant members of the IEP team-must answer two critical questions as outlined in 34 C.F.R. § 300.530:
1. Was the conduct caused by, or did it have a direct and substantial relationship to, the child's disability?
2. Was the conduct the direct result of the school district's failure to implement the IEP?
Proving IEP Implementation Failures During Misconduct
Your strongest defense is often showing that the school failed to follow the rules they agreed to. If your child's IEP requires a one-on-one paraprofessional, or mandates specific de-escalation strategies, and the school failed to provide them on the day of the incident, the conduct is considered a manifestation of the school's failure. If the team agrees with either of the two questions, the student generally cannot be expelled and must be returned to their placement (unless the incident involved weapons, illegal drugs, or serious bodily injury, which have special 45-day exceptions).
Challenging an Adverse MDR Decision via Expedited Due Process
If the school district concludes that the behavior was not a manifestation of the disability, they will proceed with the standard expulsion process. To stop this, parents must immediately challenge the MDR findings by filing for an expedited due process hearing. You will file a Form NHED, New Hampshire, Department of Education, Request for Due Process Hearing with the Bureau of Special Education Support at the New Hampshire Department of Education, Concord. An independent hearing officer will review the case on an accelerated timeline. Because these legal arguments involve interpreting psychological evaluations and federal law, finding a local education attorney through our directory is highly recommended.
How Much Does it Cost in New Hampshire?
Navigating special education discipline often involves hiring professionals who can counter the school district's narratives.
- Filing Fees: There is no fee to file a Due Process complaint with the New Hampshire Department of Education.
- Private Evaluations: If you disagree with the school's psychological assessment, you may need an Independent Educational Evaluation (IEE). A private psychologist can cost between $2,000 and $4,500.
- Attorney Fees: Retaining a lawyer for an MDR and a potential Expedited Due Process hearing generally costs between $2,500 and $6,000. However, under 20 U.S.C. § 1415(i)(3)(B), if you prevail in a due process hearing, the school district may be ordered to reimburse your attorney's fees.
How Long Does the MDR Process Take?
The process is designed to be swift to minimize the disruption to the child's education. The MDR meeting must occur within 10 school days of the decision to seek long-term suspension or expulsion. If you file an expedited due process complaint, the hearing must occur within 20 school days of the complaint being filed, and the hearing officer must issue a final decision within 10 school days after the hearing ends.
Frequently Asked Questions (FAQ)
What happens if the behavior was a manifestation of the disability?
If the team finds the conduct was a manifestation, the expulsion process stops immediately. The school must conduct a Functional Behavioral Assessment (FBA) and create or modify a Behavior Intervention Plan (BIP) for the student.
Does 29 U.S.C. § 794 provide the same protections as an IEP?
Yes. Students who have a 504 Plan for disabilities (like ADHD or severe anxiety) are also entitled to a Manifestation Determination Review before they can be expelled or suspended for more than 10 days.
What are the exceptions where my child can be removed anyway?
Even if the behavior is a manifestation of the disability, the school can move the child to an Interim Alternative Educational Setting (IAES) for up to 45 school days if the offense involves weapons, illegal drugs, or inflicting serious bodily injury.
Can the school district force me to agree to the MDR findings?
No. If you disagree with the school district's determination that the behavior was unrelated to the disability, you should state your disagreement on the record, refuse to sign in agreement, and file for expedited due process.
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