Educators sometimes ask if there are any circumstances in which a student’s behavior is so disruptive or dangerous that a disciplinary change of placement can be implemented without doing an MDR (Manifestation Determination Review). 

No.  Keep in mind that there are Special Circumstances offenses (Tool #5 in the Toolbox) involving drugs, weapons, or the infliction of serious bodily injury.  In those cases, the administrator can order an immediate removal to an IAES (Interim Alternative Educational Setting) for up to 45 school days. This can be done regardless of the outcome of the MDR, but the school still has to conduct the MDR.  The MDR does not drive the placement decision, but it should inform how the IEP and/or BIP should be adjusted to prevent repetition of the behavior.

This came to mind as I read a recent case involving a charter school in the District of Columbia.  The teacher reported the student to the administrative office for what the teacher viewed as flashing gang signs. This was a behavior that the student had engaged in before. In fact, it was targeted as a behavior to be addressed in his BIP.  When the student was told which teacher had reported him, this happened:

[The student] “got centimeters from her face [the teacher’s] and said, ‘Why the f*** did you say I did that?’”  DCI administrators instructed the rest of the students to leave the classroom.  At that time, [the student] chose to leave the classroom.  While in the hallway, [the student] stated “I’m going to shoot [the teacher].”

Notice that this situation does not present any of the three “Special Circumstances” offenses. No drugs, no weapon, no injury.  So Tool #5 was not available and the school, instead, used Tool #6—a Disciplinary Change of Placement.  The IEP Team concluded that the student’s behavior was not a manifestation of his disability, nor was it due to any failure by the school to implement his IEP.  The parent sued, with the student taking over as plaintiff when he turned 18, and the court ruled in favor of the charter school. The MDR was properly done.

The case doesn’t teach us much about how to do an MDR, but it is a good reminder of the necessity for an MDR regardless of how alarming the student’s behavior was.  It’s Lemus v. District of  Columbia International Charter School, decided by the federal court for the District of Columbia on March 27, 2023.  We found it in the Individuals with Disabilities Education Law Reporter at 83 IDELR 18.    

DAWG BONE: DISCIPLINARY CHANGE OF PLACEMENT WILL ALWAYS REQUIRE AN MDR. 

Got a question or comment for the Dawg?  Let me hear from you at jwalsh@wabsa.com. 

Tomorrow: It’s been a while since we had a cheerleader case!