Manifestation Determination in Texas: ARD Rights When Your Child Is Facing Expulsion

The school is talking about expulsion or a long-term suspension. Your child has an IEP. You have been told there is a meeting coming up called a "manifestation determination review." What happens in that meeting — and whether you understand your rights going in — can determine whether your child keeps receiving their education or loses it.

What Triggers a Manifestation Determination

Under IDEA and TAC Chapter 89, a manifestation determination review (MDR) is required whenever a school district proposes to discipline a child with a disability in a way that constitutes a change of placement due to a violation of the code of student conduct. This includes:

• Removal for more than 10 cumulative school days in a school year
• A series of shorter removals that together constitute a pattern of exclusion
• Any expulsion or placement in a disciplinary alternative education program (DAEP) for more than 10 days

In Texas, the DAEP question is particularly important. Placement in a DAEP for more than 10 days is a change of placement. If your child has an IEP and the school wants to place them in DAEP for longer than 10 days, a manifestation determination is required before or within 10 school days of that decision.

The Two-Question Standard

The MDR meeting must answer two questions, both drawn directly from IDEA (34 CFR §300.530(e)):

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 in question 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. The school cannot proceed with expulsion or a change of placement through the disciplinary process (though it can still propose a change of placement through the ARD process). The school must also conduct a Functional Behavior Assessment (if one has not been done) and develop or modify a Behavior Intervention Plan.

If the answer to both questions is no, the school can apply the same disciplinary measures it would apply to a student without a disability — with one critical exception.

The Critical Exception: Educational Services Must Continue

Even if the behavior is determined not to be a manifestation of the disability, the district must continue to provide educational services that enable the child to continue to participate in the general education curriculum and progress toward IEP goals. A student with a disability cannot be expelled into educational void the way a student without a disability can be removed from school.

In a DAEP placement, the IEP must follow the child. The services, accommodations, and goals in the IEP must be delivered in the DAEP setting. This is frequently violated in Texas — DAEP environments often have minimal special education staff and do not implement IEPs with the same rigor as the home campus.

Who Must Be at the MDR Meeting

The MDR is conducted by the ARD committee. The same membership rules that apply to any ARD meeting apply here:

• A general education teacher
• A special education teacher
• An LEA representative
• Someone who can interpret evaluation results
• The parent(s)
• The student, if appropriate

The parent must receive notice of the meeting in sufficient time to prepare and attend. If the district has scheduled the MDR with one or two days notice and you have not had time to review the disciplinary records or gather information, request a brief postponement in writing.

Reviewing the Right Records Before the Meeting

Before the MDR meeting, you should have in your possession:

• The incident report(s) that triggered the discipline
• Your child's current IEP, including the PLAAFP and any behavior goals
• Records of all previous disciplinary actions (cumulative day count)
• Any existing FBA and BIP
• Teacher communications about the behavior leading up to the incident
• Attendance records and documentation of any mental health services or support

The ARD committee will review the IEP and the district's evaluation data to answer the two manifestation questions. Your job is to ensure the committee considers how your child's disability actually manifests — not just whether there is a diagnosis on file.

Common Errors in Texas MDR Meetings

Error 1: Applying the wrong standard. Districts sometimes frame the question as "Did the disability make the child do this?" rather than the correct "Was there a direct and substantial relationship between the disability and the conduct?" The substantial relationship standard is lower — it does not require proof that the disability compelled the behavior, only that there was a direct and meaningful connection.

Error 2: Using an outdated or incomplete IEP. If the IEP was not updated to reflect current behavioral needs, or if the FBA has never been conducted, the committee may be making decisions based on an incomplete picture. Point this out.

Error 3: Not investigating IEP implementation. The second question — whether the behavior was a direct result of the school's failure to implement the IEP — is often glossed over. If your child's behavior is escalating and IEP services have not been delivered, if the BIP has not been followed, or if supports have been inconsistently applied, that is failure to implement. Document it.

Error 4: Ignoring the disability's manifestation in the moment. For students with ADHD, autism, anxiety, or trauma-related disabilities, behavior during a stressful or overwhelming situation is often directly connected to the disability even when it is not explicitly addressed in the IEP. Bring any private-provider documentation, behavioral history, or clinician statements that support this connection.

Stay-Put Rights During Dispute

If you disagree with the MDR determination — specifically, if the committee finds no manifestation and you believe there was — you can appeal. During the appeal process, stay-put rights apply: the child remains in the educational placement they were in before the disciplinary action, unless both you and the district agree otherwise (or the behavior involved weapons, drugs, or serious bodily injury, which creates a separate 45-day removal provision under IDEA).

Your first option is to request an expedited due process hearing at TEA, which must be scheduled within 20 school days with a hearing officer decision within 10 school days after the hearing. This is faster than a standard due process hearing.

After the MDR: Next Steps

If the behavior is a manifestation, the ARD must:

• Return the child to their previous placement (or agree on a different placement through the IEP process)
• Conduct an FBA if one was not already done
• Develop or revise the BIP to address the behavior

If the behavior is not a manifestation, monitor the DAEP placement closely. The IEP must be followed in that setting. Request written confirmation of what services will be provided, who will provide them, and how progress toward IEP goals will be tracked.

The Texas IEP & 504 Blueprint includes guidance on preparing for MDR meetings, the specific questions to raise at the committee table, and documentation templates for building the manifestation record.

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