Can a child with an IEP be suspended? Here’s what every parent needs to know about discipline and special education.

When your child receives special education services, disciplinary actions, like suspensions or removals, look a little different. That’s because students with disabilities have certain legal protections under the Individuals with Disabilities Education Act (IDEA). One of the most important protections is called an MDR (Manifestation Determination Review).

In this post, I’ll break down what an MDR is, when it must happen, and what your rights are as a parent if your child faces discipline at school.

What Is an MDR?

MDR stands for Manifestation Determination Review. It’s a required meeting that determines whether a student’s behavior is a manifestation of their disability.

In simple terms: Was the behavior directly caused by, or did it have a direct and substantial relationship to, your child’s disability?

If yes, the school cannot apply typical discipline (like long-term suspension or placement in an alternative setting) in the same way they would for students without disabilities. Instead, they must address the behavior through supports and services—not punishment.

When Is an MDR Required?

An MDR must be held within 10 school days any time if:

• Your child is removed from their placement for more than 10 cumulative school days in a school year due to disciplinary actions (e.g., suspensions),
  OR

• The school is recommending a change of placement due to behavior (like expulsion or DAEP).

Important: These days don’t have to be consecutive. If your child has multiple suspensions throughout the year that add up to 10 days, an MDR is required.

Special Note: Even if your child has not yet been formally identified with a disability, they are still entitled to the same protections, including an MDR, if the school had prior knowledge of a suspected disability (such as if a referral for evaluation was made, concerns were shared with staff, or the evaluation process is underway). This protection ensures students aren’t unfairly disciplined while waiting for support.

What Happens During an MDR Meeting?

During the meeting, the ARD Committee (including you, the parent!) must answer two key questions:

1. Was the behavior caused by, or did it have a direct and substantial relationship to, the student’s disability?

2. Was the behavior the direct result of the school’s failure to implement the IEP?

If the answer to either question is YES, then:

• The behavior is considered a manifestation of the disability.

• The student cannot be removed to a different placement unless for very specific reasons (like bringing a weapon to school).

• The team must conduct or review a Functional Behavior Assessment (FBA) and develop or revise a Behavior Intervention Plan (BIP).

If the answer to both questions is NO, then the school may proceed with disciplinary actions as they would for any student, but must still provide services during the removal period (e.g., instruction in an alternative setting).

What Should Parents Watch Out For?

• Keep track of removal days: Schools may not always alert you when your child nears the 10-day mark.

• You can request an MDR: If your child is being disciplined and you believe the behavior was related to their disability, you can ask for a review—even before day 10.

• Ensure your child's IEP is being implemented: Inconsistencies in supports can impact behavior and should be addressed in the MDR.

• Know your rights: You have the right to participate in the MDR and provide input. Bring documentation, private evaluations, or notes that help explain your child’s behavior.

Can I Request an MDR After a One-Day Suspension?

Yes, you can absolutely request a Manifestation Determination Review (MDR) at any time if you believe your child’s behavior is related to their disability, even after just a one-day suspension. But here’s what you need to know:

Is the school required to hold one?

Not necessarily. Schools are only required to hold an MDR when:

• Your child has been suspended for more than 10 total school days in the current school year and those removals form a pattern,
  OR

• The school is recommending a change of placement due to behavior (like expulsion, DAEP, or long-term suspension).

So, if your child was suspended for just one day and hasn’t reached those thresholds, the school isn’t legally obligated to hold an MDR.

But what happens if I request one anyway?

Even though it’s not required, a supportive and collaborative school team may still hold a meeting to discuss your concerns, especially if:

• You believe the behavior is linked to your child’s disability,

• There have been multiple incidents,

• Or the behavior may lead to further disciplinary action.

This meeting might not be a formal MDR, but it could be an ARD meeting to review behavior supports and ensure your child’s needs are being met.

Parent Tip:

If you’re concerned, here are some proactive steps you can take:

• Request an ARD meeting to discuss the incident and your concerns.

• Ask for a review or update to your child’s Behavior Intervention Plan (BIP).

• Put your concerns in writing, especially why you believe the behavior is connected to their disability.

You don’t have to wait until things escalate. Your voice matters, and being proactive helps protect your child’s rights and supports.

Final Thoughts

Discipline decisions in special education aren’t always straightforward, and it’s important to know how MDRs protect your child’s rights. As a parent, you deserve to be informed, included, and supported in every step of the process.

If you’re unsure about how your child’s behavior is being handled, or you need help preparing for an MDR meeting, I’m here to help.

Need Guidance?

📩 Schedule a free consultation to get support navigating school discipline and special education.

📁 Don’t forget to download my free MDR Prep Checklist to feel more confident at your next meeting!

MANIFESTATION DETERMINATION | Legal Framework