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.