Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in Brentwood UFSD

Has your child with an IEP just been suspended from school in Brentwood? This can be a stressful and confusing time, but it's important to know your rights and take immediate action to protect your child's access to a free and appropriate public education (FAPE). This guide will walk you through the disciplinary process in Brentwood Union Free School District (UFSD), focusing on the specific rights of students with IEPs and what steps you can take right now. Remember, you are your child's best advocate.

The Individuals with Disabilities Education Act (IDEA) provides crucial protections for students with disabilities facing disciplinary action. These protections ensure that a student's disability is considered when addressing behavioral issues and that they continue to receive appropriate educational services even when removed from the classroom. New York Education Law 3214 also governs suspensions in New York State, outlining specific procedures and due process rights. Let's break down what you need to know.

Short-Term Suspensions: The 10-Day Rule

Brentwood UFSD, like all school districts in New York, can suspend a student for up to 10 cumulative school days in a school year without triggering a formal Manifestation Determination Review (MDR). This is often referred to as the "10-day rule." This means that if your child has received one or more suspensions that add up to 10 days or less, the school district is generally not required to conduct an MDR to determine if the behavior was related to their disability.

However, even for short-term suspensions, your child still has rights. New York Education Law 3214 requires the school to provide you with written notice of the suspension, explaining the reasons for the disciplinary action. For suspensions of five days or fewer, the notice must be provided as soon as practicable. For suspensions exceeding five days, you are entitled to a superintendent's hearing where you can present your side of the story and challenge the suspension. This hearing includes due process protections, such as the right to be represented by counsel and to present evidence. Contact Brentwood UFSD to confirm their specific procedures for short-term suspensions and superintendent's hearings.

It's also important to remember that even during a short-term suspension, your child is still entitled to FAPE. While the district may not be required to hold an MDR, they are responsible for ensuring your child continues to make progress on their IEP goals. This could involve providing alternative assignments, tutoring, or other support services. Don't hesitate to contact your child's special education teacher or the Committee on Special Education (CSE) to discuss how their educational needs will be met during the suspension.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical process that determines whether a student's behavior leading to disciplinary action is related to their disability. It's triggered when a student with an IEP faces a suspension exceeding 10 cumulative school days in a school year, or when a pattern of shorter suspensions creates a change of placement. A "change of placement" occurs when a series of suspensions, even if individually shorter than 10 days, create a pattern of exclusion that significantly alters the student's educational experience. This pattern is assessed based on factors like the similarity of the behaviors leading to suspension, the length of each removal, and the total amount of time the student is removed from school.

When an MDR is required, the school must convene a meeting that includes you (the parent or guardian), relevant members of the IEP team, and a district representative. The IEP team typically includes your child's special education teacher, general education teacher (if applicable), a school psychologist or counselor, and other professionals who have knowledge of your child's disability and educational needs. The student should also be invited to attend when appropriate.

During the MDR meeting, the team will review all relevant information, including your child's IEP, any evaluations or assessments, observations of their behavior, and the circumstances surrounding the disciplinary incident. The team will then address two crucial questions: (1) Was the behavior caused by, or did it have a direct and substantial relationship to, the student's disability? (2) Was the behavior a direct result of the district's failure to implement the IEP? If the answer to either of these questions is "yes," the behavior is considered a manifestation of the student's disability. The MDR must occur within 10 school days of the decision to change the student's placement due to a violation of a code of conduct.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review has significant implications for your child's disciplinary process and educational future. If the MDR team determines that the behavior is a manifestation of your child's disability, the district cannot proceed with a long-term suspension (more than 10 days). Instead, the student must be returned to their current placement, unless you and the district agree to a change of placement as part of the IEP review process.

Furthermore, the district is required to conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted. An FBA is a systematic process of identifying the triggers, functions, and maintaining factors of a student's challenging behavior. Based on the FBA, the IEP team must develop or revise a Behavior Intervention Plan (BIP) that addresses the underlying causes of the behavior and provides strategies for preventing future incidents. The BIP should include positive behavioral supports and interventions designed to teach your child alternative, more appropriate behaviors.

If the MDR team determines that the behavior is not a manifestation of your child's disability, the district may proceed with the disciplinary action, including a suspension exceeding 10 days. However, even in this case, your child's right to FAPE remains intact. The district must ensure that your child continues to receive educational services that allow them to participate in the general education curriculum and progress toward their IEP goals during the period of suspension. This could include alternative assignments, tutoring, or placement in an alternative educational setting. It is crucial to actively engage with the district to determine what services will be provided and to ensure they are appropriate for your child's needs.

The 45-Day Interim Alternative Setting

Under IDEA, there are specific circumstances where Brentwood UFSD can remove a student with an IEP to an interim alternative educational setting for up to 45 school days, regardless of whether the behavior is determined to be a manifestation of their disability. These circumstances are limited to situations involving: (1) carrying a weapon to school or possessing a weapon at school; (2) knowingly possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance, while at school; or (3) inflicting serious bodily injury upon another person while at school.

Even when a student is placed in an interim alternative educational setting for these reasons, their right to FAPE continues. The district must provide services that enable the student to continue to participate in the general education curriculum, although in a different setting, and to progress toward meeting the goals outlined in their IEP. The IEP team determines the specific services and the alternative setting, ensuring it is appropriate for the student's needs.

If you disagree with the district's decision to place your child in an interim alternative educational setting, or if you believe the services being provided are inadequate, you have the right to challenge the decision through an expedited due process hearing. This process allows you to present your case to an impartial hearing officer who will make a determination based on the evidence presented. It is important to act quickly if you wish to pursue this option, as there are specific timelines for requesting a hearing.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a critical tool for understanding and addressing challenging behaviors exhibited by students with IEPs. An FBA is a systematic process of gathering information about the behavior, including what happens before (antecedents), the behavior itself, and what happens after (consequences). The goal is to identify the function or purpose of the behavior – what the student is trying to achieve or avoid by engaging in the behavior.

Under IDEA, Brentwood UFSD is required to conduct an FBA when a student's behavior impedes their learning or the learning of others, or when the student is facing disciplinary action that could result in a suspension exceeding 10 days and the behavior is determined to be a manifestation of their disability. However, you don't have to wait for a crisis to request an FBA. If you notice a pattern of concerning behaviors, or if you believe your child's current IEP does not adequately address their behavioral needs, you can proactively request an FBA from the district in writing.

Based on the findings of the FBA, the IEP team must develop a Behavior Intervention Plan (BIP). A good BIP should include: a clear description of the target behavior; identification of the triggers and maintaining factors of the behavior; specific strategies for preventing the behavior from occurring; teaching replacement behaviors that serve the same function as the challenging behavior; and strategies for responding to the behavior when it does occur. The BIP should focus on positive behavioral supports and interventions, rather than relying solely on punishment. It should also be individualized to your child's specific needs and strengths.

Day 1 Checklist: What to Do When Your Child Is Suspended

When your child with an IEP is suspended from school in Brentwood UFSD, it's crucial to act quickly and strategically to protect their rights. Here's a checklist of steps to take on Day 1:

1. Get the Suspension Notice in Writing: Request a written copy of the suspension notice from the school principal or administrator. This notice should clearly state the reasons for the suspension, the length of the suspension, and your rights as a parent.

2. Count Cumulative Suspension Days: Keep track of the number of days your child has been suspended during the current school year. This is important for determining when an MDR is required.

3. If Approaching 10 Days, Request MDR in Writing: If this suspension brings your child close to or over the 10-day threshold, immediately send a written request to the school principal and the CSE office requesting a Manifestation Determination Review. This will formally initiate the MDR process.

4. Contact the CSE Office: Contact the Committee on Special Education (CSE) office in Brentwood UFSD to inform them of the suspension and request information about the continuation of services during the suspension. Advocate for appropriate educational services to ensure your child continues to make progress on their IEP goals.

5. Document Everything: Keep detailed records of all communications with the school, including dates, times, names of individuals you spoke with, and the content of the conversations. Save all written documents related to the suspension.

6. Consider Escalation: If you believe the district is violating your child's rights, or if you are not satisfied with the district's response, consider filing a State Complaint with the New York State Education Department (NYSED). You can also request an expedited due process hearing to challenge the district's actions. These are formal legal processes, so you may want to consult with an attorney or advocate specializing in special education law.