What is a key criterion for a school to hold a Manifestation Determination Review for a special education student?

The key criterion for a school to hold a Manifestation Determination Review for a special education student is that the school seeks a discipline-related placement change for more than 10 consecutive days. This is significant because federal law under the Individuals with Disabilities Education Act (IDEA) mandates this review when a special education student faces a change in placement that is a result of disciplinary actions. The purpose of the review is to determine if the student’s behavior that led to the disciplinary action was a manifestation of their disability.

In this scenario, the review process ensures that the needs and rights of students with disabilities are protected, allowing educators to continually provide appropriate educational opportunities even in the context of behavioral challenges. If the behavior is found to be a result of the disability, the school must consider alternative interventions rather than proceeding with the proposed disciplinary action.

Other scenarios, such as suspending a student for more than 10 consecutive days on a one-time basis or expelling a student, while potentially significant, do not trigger the same legal obligations for a Manifestation Determination Review unless there is a specific request for a placement change. Also, simply requesting parent attendance at the meeting, while good practice, does not by itself meet the legal criteria for conducting a review.