Disciplinary disparities by race and disability: using DisCrit theory to examine the manifestation determination review process in special education in the United States

Exclusionary discipline practices in the United States are used disproportionately in the punishment of Black students with a disability compared to White and Black students with or without a disability. One potential mechanism leading to the disproportionate use of exclusionary discipline is a process called ‘manifestation determination reviews’ (MDR), a process mandated under the U.S. federal Individuals with Disabilities Act that is tasked with determining whether students’ offending behaviours were related to their disability. Using a disability studies/critical race theory (DisCrit) lens, the MDR process can be understood as a mechanism that serves to sustain these inequities through vague guidance in critical elements of the MDR process, lack of clarity about the composition of the MDR team, and perpetuation of a race-neutral framework. Implications for policy, educators, and school psychologists within the United States are discussed.