Discipline and Manifestation Determination
We represent students in kindergarten through the 12th grade in disciplinary matters to ensure that schools follow their own code of conduct and to make sure that students have fair disciplinary hearings. We take a comprehensive view of student discipline cases by looking at students' learning, socialization, and behavior to determine if the problem behavior is actually a manifestation of an underlying issue the school has failed to address.
We also represent student with disabilities who have IEPs and 504 Plans when they are disciplined.
Common issues that we see arise regarding discipline of students with disabilities
- Suspending a child and then waiting the full ten (10) days to hold the MDR, rather than determine if the conduct was a manifestation of the disability before suspending the student
- Failing to explain to parents what Manifestation Determination Review means and the importance of the process
- Failing to conduct MDRs, especially for students with disabilities protected under Section 504; and
- Failing to follow the appropriate procedure for conducting MDRs.