Manifestation Determinations and Discipline for Disabled Students

Congruence Law, P.C. Protects Students with Disabilities from Unlawful School Discipline

When a student with a disability is suspended, expelled, or otherwise disciplined for behavior tied to their disability, schools cannot treat it like a typical infraction. Under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, students are entitled to special protections—including a manifestation determination review—before facing serious disciplinary action.

These rights are designed to prevent schools from punishing children for behaviors they cannot control—and to ensure students receive support, not exclusion.

At Congruence Law, P.C., we stand with families whose children have been unfairly disciplined, removed, or criminalized due to disability-related conduct. We help parents navigate the legal process and demand accountability when schools act outside the law.

What Is a Manifestation Determination?

A Manifestation Determination Review (MDR) is a legal process required when a school seeks to suspend or remove a student with an IEP or 504 Plan for more than 10 school days. It must occur within 10 days of the proposed disciplinary action.

The IEP or 504 team must meet and answer two questions:

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

2. Was the conduct the direct result of the school’s failure to implement the IEP or 504 Plan?

If the answer to either is yes, the discipline must be reversed, and the student must be returned to their placement (unless an exception applies).

What Happens If the Behavior Is a Manifestation?

➤ Discipline Must Be Halted. The student cannot be suspended, expelled, or removed for that behavior.

➤ The IEP Must Be Reviewed and Adjusted. The team must consider whether changes to the behavior plan or services are needed.

➤ A Functional Behavioral Assessment (FBA) May Be Required. The school must assess the behavior and develop a Behavior Intervention Plan (BIP) tailored to the student.

What If the School Fails to Hold an MDR?

• The school violates the student’s rights under IDEA or Section 504

• The student may be entitled to compensatory education or reversal of disciplinary action

• In some cases, removal may amount to disability-based discrimination or a denial of FAPE

When Manifestation Protections Apply

• Suspension or expulsion for more than 10 consecutive school days

• Pattern of removals totaling more than 10 days in a school year

• Transfer to alternative education settings for behavioral reasons

• Discipline for behavior where the IEP or 504 Plan was not followed

What We Do at Congruence Law, P.C.

We help families assert their child’s manifestation rights before, during, and after school discipline:

• Demanding timely MDR meetings and participating as your legal representative

• Challenging flawed or biased determinations with evidence and expert support

• Documenting implementation failures and procedural errors

• Preventing illegal removals or “off-the-books” suspensions

• Filing due process hearings or OCR complaints when rights are violated

• Negotiating return to placement, compensatory services, or discipline reversals

We also help protect students who are suspended repeatedly, informally sent home, or excluded without documentation—tactics used to sidestep legal safeguards.

What Schools Get Wrong—and How We Push Back

“This is serious—we’re expelling him regardless.”→ Federal law prohibits expulsion for conduct that is a manifestation of disability (with rare exceptions for drugs/weapons/serious injury).

“Your child should have known better.”→ Behavior tied to disability doesn’t require intent. The law focuses on causation, not blame.

“It’s just a short-term suspension.”→ Repeated removals can add up. We track patterns and challenge cumulative discipline.

“The IEP doesn’t mention behavior.”→ That’s their oversight—not yours. A flawed IEP cannot justify punishment.

Pitfalls to Avoid

• Not attending the manifestation meeting. Parents have a right to participate fully and bring representation.

• Letting the school mislabel or minimize the behavior. The law requires detailed analysis, not assumptions.

• Accepting “alternative placement” without consent. You can and should challenge inappropriate placements.

• Failing to request behavioral supports. These must be individualized and proactive—not punitive.

Why Choose Congruence Law, P.C.

We believe schools should teach, not punish—and that students with disabilities deserve support, not exclusion. When schools use discipline as a tool to push kids out, we push back with legal advocacy grounded in compassion, evidence, and federal law.

If your child was disciplined for behavior tied to a disability, or denied a fair manifestation review, contact us today: education@congruencelaw.com or at 202-630-8141

Let us help you keep your child where they belong—in school, learning, and supported every step of the way.