Pushing the Limits: Expanding Special Education Mediation into Suspensions

This presentation will explore the applicability of special education mediation to the Manifestation Determination Review (MDR) process. A Manifestation Determination Review occurs when a student with a disability is suspended in order to determine whether the student’s disability, or the failure of the school district to provide the services required by the student’s IEP or 504 plan, was the direct cause of the actions for which the student was suspended. Under the IDEA and state laws, a student with an IEP or a 504 plan who is removed from her current educational program for more than ten school days is entitled to a MDR. Even if the student does not have an IEP, she may also be entitled to a MDR if it is determined that the school district is “deemed to have knowledge” that the student is a student with a disability. A MDR is another due process protection available to students with disabilities and, like an impartial hearing, lends itself well to mediation as an alternate process. This presentation will review the law on MDR, discuss the applicability of mediation to this process, and offer some examples of MDR mediation that have occurred in New York State.