Manifestation Determination in Hawaii: What the MDR Process Looks Like

When a student with a disability faces a suspension of more than 10 school days — or a disciplinary removal that amounts to a change of placement — HIDOE must hold a manifestation determination review within 10 school days. This meeting decides whether the behavior was caused by or substantially related to the student's disability. The outcome controls everything that follows: whether the IEP is reviewed, whether the student returns to their current placement, or whether disciplinary procedures proceed as they would for a student without a disability.

In Hawaii, these reviews happen within the context of a single statewide school district — meaning the same agency that investigated the incident is also the one convening the MDR, reviewing the IEP, and deciding the outcome. Understanding how to participate effectively matters.

What Triggers a Manifestation Determination Review in Hawaii

An MDR is required when HIDOE proposes to:

• Suspend a student with a disability for more than 10 cumulative school days in a school year
• Change the student's placement for disciplinary reasons
• Remove the student to an Interim Alternative Educational Setting (IAES)

HIDOE may also remove a student to an IAES for up to 45 school days (regardless of MDR outcome) for specific offenses involving weapons, drugs, or serious bodily injury. But even in those cases, the MDR still happens and determines whether the IEP must be revised.

The MDR is not optional and not discretionary. If your child has an IEP and the disciplinary action meets the threshold, HIDOE must convene the review.

Who Attends and What's Reviewed

The MDR team includes the parent, relevant members of the IEP team, and HIDOE representatives. The team reviews:

1. All relevant information in the student's file
2. The current IEP
3. Teacher observations
4. Any relevant information provided by the parent

The team asks two questions:

• Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?
• Was the conduct a direct result of the LEA's failure to implement the IEP?

If the answer to either question is yes, the conduct is a manifestation of the disability. That triggers specific protections.

If It IS a Manifestation

When the team finds manifestation:

• The student returns to their current placement (unless the parent and HIDOE agree otherwise, or the removal was for weapons/drugs/serious injury)
• HIDOE must conduct a functional behavior assessment (FBA) if one hasn't been done or isn't current, and develop or revise a behavioral intervention plan (BIP)
• The IEP team reviews the IEP to identify any failures to implement it properly

This is where stay-put rights intersect with the MDR. Your child's right to remain in the current educational placement is protected from the moment a due process complaint is filed. If you disagree with the MDR outcome, filing for due process activates that protection immediately — your child cannot be moved to a more restrictive placement while the dispute is pending.

If It Is NOT a Manifestation

When the team determines the behavior was not related to the disability, HIDOE may proceed with disciplinary procedures that apply to students without disabilities — including longer suspension or expulsion. However:

• Educational services must continue even during expulsion — HIDOE must ensure the student continues to receive a FAPE, albeit in an alternative setting
• If the student was already receiving special education in a restrictive setting, services are determined by the IEP team

Non-manifestation findings are contestable. If you believe the team got it wrong — for example, if your child has ADHD and impulsivity drove the behavior, but the team said it wasn't related — you can request a due process hearing. The standard is "direct and substantial relationship," and impulsivity, emotional dysregulation, and behavioral symptoms that are part of a disability profile generally meet that bar if they're documented.

Act 242 and Hawaii's Restraint Laws

Hawaii passed Act 242 in 2022, making it one of the strictest states on restraint and seclusion in the country. The law:

• Prohibits seclusion entirely — no isolated confinement in any form
• Restricts restraint to emergency use only — only when there is imminent danger of physical harm and no less restrictive alternative is available
• Requires parent notification after any restraint incident, typically within one school day
• Requires documentation of each incident

HIDOE reported 66 restraint and seclusion incidents in 2024-2025 involving 34 students — relatively low numbers, but the incidents that do occur must be documented and reported.

Why does this matter for MDRs? Because if your child was restrained or secluded before the behavioral incident triggering the MDR, that context is relevant. Restraint can escalate behavior. If the incident that led to the disciplinary action followed an earlier restraint — especially a restraint that wasn't compliant with Act 242 — that sequence belongs in the MDR review.

Ask for all incident documentation: restraint reports, behavior logs, communication logs between staff, and any prior notices sent home. This is discoverable.

Preparing for an MDR in Hawaii

You have 10 school days from the disciplinary removal to the MDR. That's a short window. Here's how to use it:

Day 1–2: Request in writing all documentation that will be reviewed at the MDR — current IEP, all behavior documentation, incident reports, any existing FBA or BIP. HIDOE is required to make these available.

Day 2–4: Review everything. Look for gaps between what the IEP says should happen and what the documentation shows actually happened. If the IEP had a BIP and it wasn't being implemented, that's a direct IEP failure — which is a manifestation finding.

Day 4–7: Write out your position in plain language. For each of the two MDR questions, what do you believe the answer is and why? What evidence supports it?

Day 7–9: Consider whether to bring an advocate or attorney. For MDRs involving students with autism, ADHD, emotional disturbance, or any disability with behavioral components, professional representation is worth the cost. The MDR outcome shapes everything downstream.

Day 9–10: Attend the meeting. Bring your written notes. If you disagree with the outcome, state your disagreement clearly on the record and request a copy of the written MDR determination within 24 hours.

Escalation After a Contested MDR

If you disagree with the outcome, you have several options:

• Request an IEP meeting to revise the BIP and address any IEP implementation failures, even while contesting the MDR
• File a state complaint with HIDOE's Special Education Section (acknowledging the structural challenge — HIDOE investigates itself)
• Request mediation through the Mediation Center of the Pacific
• File for due process — this is the most formal route and triggers stay-put protections

The Hawaii IEP & 504 Advocacy Playbook includes MDR preparation checklists, documentation request templates, and a guide to the Complex Area escalation path — from school-level dispute to HIDOE state-level review.

The Neighbor Island Gap

On neighbor islands, finding an advocate or attorney on short notice for a 10-school-day MDR window is genuinely harder. HDRC at (808) 949-2922 can provide phone consultations quickly. SPIN at (808) 839-5372 can help you understand the process. Both are available to neighbor island families remotely.

If you can't arrange in-person representation, request that a SPIN or HDRC representative participate by phone or video. HIDOE cannot refuse a reasonable accommodation request for remote participation given Hawaii's geography.

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