IDEA Manifestation Determination Review as Restorative Practice

Authors

Matt Saleh
Barbara J. Hickman
Angela M. T. Prince
LaWanda H. Cook
Jackie Bickford
Kristie Chu
Erika Kitsantas

Date

2024

Abstract

This article examines the Individuals with Disabilities Education Act (IDEA), which guarantees students with disabilities access to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). The IDEA aims to provide equal educational opportunities for students with disabilities, addressing inequitable exclusions from public schools. Despite its protections, including procedural safeguards like the Manifestation Determination Review (MDR), which prevents unjust removal due to disciplinary actions, students with disabilities remain disproportionately affected by suspensions, expulsions, and arrests, with these disparities exacerbated by race, poverty, and other intersectional factors. The essay highlights compliance concerns with the MDR, particularly its inconsistent implementation across states and schools, and discusses the limitations of the process in ensuring equal educational treatment for all students with disabilities.

Recommended Citation

Saleh, Matt; Hickman, Barbara J.; Prince, Angela M. T.; Cook, LaWanda H.; Bickford, Jackie; Chu, Kristie; and Kitsantas, Erika (2024) "IDEA Manifestation Determination Review as Restorative Practice," Journal of Race, Gender, and Ethnicity: Vol. 13: Iss. 1, Article 8.
Available at: https://digitalcommons.tourolaw.edu/jrge/vol13/iss1/8