Full Answer Section

1. Manifestation Determination Review (MDR):
   • Description: This is arguably the most critical due process protection for students with disabilities facing disciplinary action that could result in a change of placement (e.g., suspension for more than 10 cumulative school days in a school year, expulsion). Before a school can proceed with such a suspension, a group of relevant individuals (including parents, school personnel knowledgeable about the child, and other relevant service providers) must conduct an MDR meeting within 10 school days of the decision to change the student’s placement. The purpose of the MDR is to determine if the behavior subject to disciplinary action was:
     1. Caused by, or had a direct and substantial relationship to, the child’s disability; OR
     2. The direct result of the school’s failure to implement the child’s Individualized Education Program (IEP).
   • Due Process Link: This step is central to due process as it ensures that disciplinary actions are not discriminatory. If the behavior is found to be a manifestation of the disability or a result of the school’s failure to implement the IEP, the student generally cannot be disciplined in the same way as a non-disabled student for the same infraction. Instead, the team must conduct a functional behavioral assessment (FBA) and implement a behavior intervention plan (BIP), or review and modify an existing one. The student must also be returned to their original placement unless the parents and school agree otherwise.
   • Exception: There are specific exceptions known as “special circumstances” (involving weapons, drugs, or serious bodily injury) where a student with a disability can be removed to an interim alternative educational setting (IAES) for up to 45 school days, regardless of the manifestation determination. However, even in these cases, the MDR must still occur within 10 days.
2. “Stay Put” Provision (Pendency):
   • Description: The “stay put” provision mandates that, unless the parents and the school agree otherwise, a student with a disability must remain in their current educational placement during the pendency of any due process hearing related to a disciplinary action. This means if a parent challenges a school’s disciplinary decision (e.g., an expulsion or a change of placement), the student continues to attend their current school and receive their current educational services until the due process hearing process is complete or a mutually agreed-upon resolution is reached.
   • Due Process Link: This provision is a crucial safeguard to prevent schools from unilaterally removing a student with a disability from their educational setting before their due process rights have been fully exhausted. It places the burden on the school to prove the appropriateness of their proposed action, while ensuring the student’s access to education is maintained during the dispute resolution process.
   • Exception: Similar to the MDR, the “special circumstances” exception for weapons, drugs, or serious bodily injury allows a student to be moved to an IAES for up to 45 school days, even during “stay put.” However, after the 45 days, if no resolution is reached and the due process hearing is still pending, the student typically returns to the “stay put” placement unless the hearing officer rules otherwise.
3. Provision of Educational Services During Disciplinary Removals:
   • Description: For students with disabilities, educational services cannot simply cease during periods of suspension, especially if those suspensions exceed 10 cumulative school days in a school year. If the disciplinary removal is for more than 10 school days, the school must provide services that enable the child to continue to participate in the general education curriculum (albeit in another setting) and to progress toward meeting the goals in their IEP. This applies whether the behavior was a manifestation of the disability or not. The IEP team determines the services and the setting.
   • Due Process Link: This aspect ensures that students with disabilities are not denied a Free Appropriate Public Education (FAPE) due to disciplinary actions. It acknowledges that school exclusion can be particularly detrimental to students who already face learning challenges. The requirement to provide educational services, even during suspension, upholds the fundamental right to education enshrined in IDEA. For shorter suspensions (1-10 days), schools are not generally required to provide services unless they do so for non-disabled students, or if it is determined by the IEP team that services are necessary to enable the child to continue to participate in the general education curriculum and progress toward meeting goals in the IEP.

These three aspects highlight how IDEA significantly modifies standard disciplinary procedures for students with disabilities, placing a strong emphasis on individualized consideration, continued access to education, and non-discriminatory practices through robust due process mechanisms.