Manifestation Determination in Indiana: What Happens When Your Child Is Suspended

Your child with an IEP has been suspended and the school is talking about long-term removal or expulsion. What happens next is not discretionary — Indiana law under 511 IAC Article 7 prescribes exactly what the district must do and when.

The 10-Day Trigger in Indiana

Indiana uses instructional days, not calendar days or school days, for counting suspension time. This distinction matters because instructional days exclude weekends, holidays, and other non-instruction days — so a one-week suspension in a week with a holiday might count as four instructional days, not five.

When a student with an IEP accumulates 10 or more cumulative instructional days of suspension in a school year, a Manifestation Determination Review (MDR) becomes mandatory. The school cannot proceed with a long-term removal or expulsion — and cannot continue the removal beyond the 10th day — without completing this review.

The school must notify you of the meeting and ensure you have enough time to participate meaningfully. Springing the meeting with 24 hours notice on a working parent is not meaningful participation.

What the Case Conference Committee Must Decide

The manifestation determination is conducted by the Case Conference Committee (CCC) — Indiana's term for the IEP team — and must answer two questions:

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

Both questions require the CCC to look at the IEP, the evaluation data, the child's behavioral history, and the circumstances of the incident. The review is not about whether the child "did it." It is about the relationship between the disability and the behavior.

Indiana's rules require the CCC to review all relevant information in the child's file, including the IEP, teacher observations, and any relevant information provided by the parents.

If the Behavior IS a Manifestation

If the CCC determines the behavior was caused by or substantially related to the disability, or that it resulted from a failure to implement the IEP:

• The student cannot be expelled and must be returned to the placement from which they were removed (unless you and the school agree to a different placement)
• The district must conduct a Functional Behavioral Assessment (FBA) if one has not already been done
• A Behavioral Intervention Plan (BIP) must be developed or revised
• FAPE must continue — your child cannot be denied services during this period

The only exception: even if behavior is a manifestation, Indiana law allows the district to place a student in an Interim Alternative Educational Setting (IAES) for up to 45 school days if the conduct involved weapons, drugs, or caused serious bodily injury.

If the Behavior Is NOT a Manifestation

If the CCC determines the behavior was not related to the disability, the school may apply the same disciplinary procedures it uses for students without disabilities — including long-term suspension or expulsion. However, even during expulsion, Indiana requires the district to continue providing FAPE to students with IEPs. Services must continue in whatever alternative setting is determined.

This is a significant protection that many families do not know about. An expelled student with an IEP is not simply cut off from education.

Common Problems with Manifestation Determinations

Rushing the process. Schools sometimes schedule MDR meetings before parents have had time to review records, gather outside evaluations, or prepare. You have the right to request a brief postponement if you need time to prepare.

Not considering the full IEP. If the IEP included behavioral supports that were never implemented — a behavioral aide that wasn't provided, a sensory break schedule that was ignored — that is a failure to implement the IEP, which automatically makes the behavior a manifestation. Document what services were and were not being delivered.

Using the wrong standard. "We don't think his ADHD made him do this" is not the legal standard. The question is whether there is a direct and substantial relationship — not whether the disability caused the behavior in a deterministic sense.

Bypassing the CCC entirely. Some districts try to handle discipline through administrators without convening a CCC. Under Article 7, the CCC must conduct the manifestation determination, not just the principal.

What to Do Before the Meeting

Pull your child's IEP and read the behavioral supports section. Note which services were actually being provided versus what was written. Gather any written communications — emails, incident reports, teacher notes — about your child's behavior in the weeks leading up to the incident.

If your child had a recent evaluation showing that their disability affects executive function, impulse control, or emotional regulation, bring a copy. This is the evidence that matters.

IN*SOURCE (1-800-332-4433) can help you prepare for a manifestation determination meeting and attend with you at no cost. If the school has already conducted the MDR without proper notice to you, contact Indiana Disability Rights (IDR) at 1-800-622-4845.

The Indiana IEP & 504 Advocacy Playbook includes a manifestation determination preparation checklist, sample questions for the CCC, and a guide to next steps if the determination goes against your child.

Get the complete toolkit for Indiana families

After the Determination

Whatever the outcome, request a copy of the written determination and all meeting notes within five days. If you disagree with the outcome, you can appeal through a due process hearing. Indiana law allows you to request an expedited hearing in discipline cases — the timeline is compressed because your child's placement is at immediate issue.

Discipline cases move fast. Start documenting and requesting records the same day you receive the suspension notice.

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