Manifestation Determination in North Dakota: What It Is and How to Protect Your Child

Your child with an IEP got into a serious incident at school. The district is talking about a long-term suspension or expulsion. Before any of that can move forward — legally — the school must hold a Manifestation Determination Review. Most parents don't know this meeting is required, what it should accomplish, or what to do when the school gets the outcome wrong.

What a Manifestation Determination Review Is

A Manifestation Determination Review (MDR) is a formal IEP team meeting held to answer a specific legal question: Was the student's behavior caused by their disability, or was it the result of the school failing to implement the IEP?

This review is not discretionary. Under federal IDEA and North Dakota's discipline policy, it is triggered automatically whenever a school proposes to:

• Suspend a student with a disability for more than 10 consecutive school days
• Suspend a student for a cumulative total of more than 10 days during a school year when the pattern of removals constitutes a change of placement

The MDR must be held within 10 school days of the disciplinary decision.

Who Attends the MDR

The MDR is conducted by the IEP team — which means it includes you as the parent. You have the same rights at an MDR as at any other IEP meeting: advance notice, the right to bring a support person or advocate, and full participation in the decision-making process.

The team reviews:

1. All relevant information from the student's file
2. The student's IEP and how it was being implemented
3. Any observations by teachers or other personnel
4. Any information provided by you, the parent

The Two Questions the Team Must Answer

The MDR comes down to 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 the direct result of the school's failure to implement the IEP?

If the answer to either question is yes, the behavior is a manifestation of the disability.

What Happens If Behavior IS a Manifestation

If the team finds a manifestation:

• The school cannot expel the student or proceed with a long-term suspension based on this behavior
• The school must conduct a Functional Behavioral Assessment (FBA) if one has not already been done
• The school must implement or review and modify the Behavior Intervention Plan (BIP)
• The student returns to the placement they were in prior to the suspension, unless the parent and school agree to a different placement

The school can still move the student to an Interim Alternative Educational Setting (IAES) for up to 45 school days for three specific "special circumstances" violations: carrying a weapon on school property, possession or use of illegal drugs, or inflicting serious bodily injury. This 45-day IAES placement is allowed regardless of the manifestation determination outcome for these specific scenarios.

What Happens If Behavior Is NOT a Manifestation

If the team determines the behavior is not a manifestation, the school can proceed with standard disciplinary procedures, including long-term suspension or expulsion.

However — and this is critical — the school must still provide educational services during any exclusion period. Unlike students without disabilities, a student with an IEP cannot simply be removed from school with no instruction. The school must provide services in an IAES that allow the student to continue participating in the general education curriculum and making progress toward IEP goals.

If you believe the team reached the wrong conclusion — that the behavior was actually related to the disability and the team failed to recognize that connection — you can appeal the MDR decision by requesting a due process hearing. The review of the team's decision can be expedited.

Common MDR Mistakes to Watch For

Inadequate consideration of the disability connection. For students with emotional disability, ADHD, autism, or other conditions that directly affect impulse control, emotional regulation, or social judgment, the connection between the disability and the behavior is often direct and substantial. If the team dismisses this connection without thorough review — particularly if the student's IEP already identifies behaviors as areas of concern — the determination may be legally flawed.

IEP not being fully implemented. This is a significant factor that teams often overlook. If the behavior occurred in a classroom where the student's IEP was not being followed — accommodations not provided, services not delivered on schedule, BIP not being implemented — then the behavior may be the direct result of the school's failure. Gather your records before the MDR: were IEP services actually being provided? Was the BIP being followed?

Predetermined outcomes. Parents report that MDR meetings sometimes feel like the team has already decided the outcome before the review begins. You have the right to full participation. If you believe relevant information is being ignored, state it clearly in the meeting and document your objection.

Missing team members. The IEP team must include you, a general education teacher, a special education teacher, and an LEA representative with authority to commit resources. If key members are absent, the MDR's validity may be questionable.

North Dakota's Specific Discipline Framework

North Dakota applies IDEA's discipline framework under NDCC 15.1-32. The NDDPI has published a specific Discipline Policy Paper outlining how the 10-day rule, IAES placements, and MDRs are to be administered in North Dakota schools.

One North Dakota-specific consideration: the state's high special education dropout rate — 20.82% against a target of 18.09%, a target the state has failed to meet — is directly connected to exclusionary discipline patterns. Students who are repeatedly suspended without proper MDR processes or meaningful FBAs are at extreme risk of dropping out. Understanding and using the MDR process is not just about protecting your child in one incident; it's about preventing a pattern that leads to long-term disengagement.

Preparing for an MDR

Before the meeting:

• Pull together your child's current IEP and review it carefully. Note every service, every accommodation, every component of any existing BIP.
• Review your child's communication logs, incident reports, and any records from the period leading up to the incident.
• Talk to your child about what happened, from their perspective.
• Contact Pathfinder Services of ND or ND Protection & Advocacy if you want support or guidance ahead of the meeting.

During the meeting:

• Ask specifically: "Is the IEP being fully implemented? Can you confirm each service and accommodation was provided during the period leading up to this incident?"
• Ask whether an FBA has been conducted and whether a BIP exists and is being followed.
• If the team moves toward a "not a manifestation" conclusion and you disagree, state your position clearly and ask that it be documented in the meeting notes.

After the meeting:

• Request a copy of the MDR documentation immediately.
• If you disagree with the outcome, contact ND Protection & Advocacy to discuss your appeal options.

The North Dakota IEP & 504 Blueprint includes detailed guidance on navigating MDRs, the specific questions to ask at the review, and the exact language for disputing a determination you believe is wrong.

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