Letter 31: Disagreement with a Manifestation Determination
When to Use It
Send this letter when the MDR team decides your child’s conduct was not a manifestation of the disability, and you disagree. It puts your disagreement on the record, demands the reasoning in writing, and preserves your footing for an appeal. Be clear about what the appeal is: a parent who disagrees with the manifestation determination may request an expedited due process hearing (34 C.F.R. § 300.532(a); Tool 67).
Expedited means fast. The hearing must occur within 20 school days of the date the complaint is filed. The decision is due within 10 school days after the hearing (34 C.F.R. § 300.532(c)(2)). A resolution meeting must occur within 7 days of the district receiving the complaint. The hearing may proceed unless the matter is resolved within 15 days (34 C.F.R. § 300.532(c)(3)). This letter is not the appeal. Only filing the expedited complaint starts those clocks.
Send it to: the director of special education. Copy the principal.
Locked on this page · what membership adds
- The Letter
- Before You Send
- State Note - All Five Letters
Finish this letter and download the editable file
Unlock the step-by-step action, the editable letters, state-specific notes, and all 97 Field Manual tools. $14 monthly or $99 yearly. Cancel online anytime. Fourteen-day first-charge refund guarantee.
Membership opens soon.