Manifestation Determination in New Hampshire: When a Disciplinary Removal Triggers MDR

Your child with an IEP got suspended for three days. Whether a manifestation determination review (MDR) is required depends on whether the removal is a disciplinary change of placement; a three-day suspension alone does not automatically trigger one under IDEA.

What Federal Law Says

Under the federal Individuals with Disabilities Education Act (IDEA), a school is required to hold a Manifestation Determination Review when a disciplinary removal is a change of placement—generally more than 10 consecutive school days or a cumulative pattern totaling more than 10 school days in a school year. A shorter suspension alone generally does not mandate an MDR.

This is what most IEP books, national advocacy websites, and even some parent training centers will tell you. For most states, it's accurate.

What New Hampshire Law Actually Requires

New Hampshire's Petition of the State of New Hampshire, No. 2022-0124, concerned manifestation review before a delinquency petition and does not establish a blanket MDR rule for every school suspension. New Hampshire discipline rules must therefore be read with the IDEA change-of-placement standard.

This case should not be read as replacing the federal change-of-placement standard in Ed 1113 and Ed 1124, New Hampshire's discipline rules for students with disabilities.

The practical implication: if a disciplinary removal reaches the change-of-placement threshold, you have the right to an MDR within 10 school days of the decision to change placement. The school, you, and relevant IEP team members review whether the behavior was caused by the child's disability or was a direct result of the school's failure to implement the IEP.

What the MDR Team Determines

The manifestation determination review is conducted by the school, you, and relevant IEP team members within 10 school days of the decision to change the student's placement. The team reviews all relevant information in the student's file and must answer two questions:

Question 1: Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?

Question 2: Was the conduct a direct result of the school district's failure to implement the IEP?

If the answer to either question is yes, the conduct is determined to be a manifestation of the disability. The school cannot move forward with suspension or expulsion under the normal disciplinary process. Instead:

• The team must conduct a Functional Behavior Assessment (FBA) if one has not already been conducted, and develop a Behavior Intervention Plan (BIP) or review the existing one
• The student must be returned to their original placement unless you and the district agree to a change as part of the behavior plan, or a special-circumstances interim alternative setting applies
• Any placement change that results from disciplinary action must follow normal IEP placement procedures, including providing you with Written Prior Notice

If the Conduct Is Determined NOT to Be a Manifestation

If the team finds the behavior was not a manifestation of the disability, the school can apply the same disciplinary procedures it would apply to a student without a disability. However, even in this case, the student continues to receive a Free Appropriate Public Education (FAPE) during any removal. Education services cannot simply stop because a student with a disability is suspended.

There are three "special circumstances" where a student can be removed to an Interim Alternative Educational Setting (IAES) for up to 45 school days regardless of whether the behavior was a manifestation: carrying a weapon, possessing or using illegal drugs, or causing serious bodily injury to another person. Even in these situations, FAPE continues in the IAES.

Why This Matters for NH Parents

Parents who do not know the change-of-placement threshold may miss a required review when removals total more than 10 school days or form a pattern of exclusion. Shorter removals can also accumulate into a pattern that later constitutes a change of placement.

When an MDR is required, the process requires the team to examine whether the IEP is being properly implemented. If services are being missed, if the behavior plan is inadequate, or if the environment is contributing to the behavior, the MDR creates a formal record that the school is on notice of these failures.

What to Do When Your Child Is Suspended

1. Promptly send a written request to the SAU's Special Education Director if the removal may be a disciplinary change of placement, asking for a Manifestation Determination Review
2. Cite 34 CFR 300.530(e) and the applicable Ed 1113/Ed 1124 obligations
3. Request copies of all behavioral documentation, incident reports, and existing BIP records before the MDR meeting
4. Attend the MDR meeting with documentation of your child's disability and any evidence that the behavior relates to their disability or to IEP implementation failures

If the district says the removal is not a change of placement, ask for that determination in writing. A written request, timestamped and addressed to the Special Education Director, creates a record for any later dispute.

The New Hampshire IEP & 504 Blueprint covers the full New Hampshire discipline framework, including what to do when an MDR finding is disputed and how to challenge a placement change that results from disciplinary proceedings.

See more New Hampshire guides →