As a parent of a child with disabilities, it’s essential to understand the legal protections in place if your child faces expulsion from school in Connecticut. Here’s what you need to know:
1. Manifestation Determination Review (MDR)
Under the Individuals with Disabilities Education Act (IDEA), before a student with an Individualized Education Program (IEP) or 504 Plan can be expelled, the school must conduct a Manifestation Determination Review (MDR). This review must occur within 10 school days of the decision to change the student’s placement due to a code of conduct violation. The purpose is to determine whether the behavior in question was:
Caused by, or had a direct and substantial relationship to, the child’s disability; or
The direct result of the school’s failure to implement the IEP.
If either condition is met, the behavior is considered a manifestation of the child’s disability, and the school cannot proceed with expulsion. Instead, the school must take immediate steps to address the behavior, which may include conducting a Functional Behavioral Assessment (FBA) and implementing or modifying a Behavior Intervention Plan (BIP).
2. Continuation of Educational Services
