Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in Buffalo City SD: What to Do When Your Child Is Suspended

If your child with an IEP in the Buffalo City School District (BCSD) has just been suspended, you're likely feeling overwhelmed and unsure of what to do next. This guide is designed to provide you with immediate, actionable steps you can take to protect your child's rights and ensure they continue to receive a free and appropriate public education (FAPE), as guaranteed by the Individuals with Disabilities Education Act (IDEA) and New York State law. Remember, a suspension can have a significant impact on your child's education, so it's crucial to act quickly and be informed.

The information here focuses on the specific rights of students with IEPs facing disciplinary action in Buffalo City SD. It's essential to understand that students with disabilities have additional protections compared to their non-disabled peers. These protections are in place to ensure that disciplinary actions are not a result of their disability or a failure to properly implement their IEP. This guide will walk you through the key aspects of discipline for students with IEPs, including short-term suspensions, Manifestation Determination Reviews (MDRs), Functional Behavioral Assessments (FBAs), and Behavior Intervention Plans (BIPs).

This isn't legal advice, and every situation is unique. If you're facing a complex disciplinary issue, consider seeking legal counsel from a special education attorney or advocate familiar with Buffalo City SD. However, this guide will provide you with a solid foundation of knowledge to advocate effectively for your child.

Short-Term Suspensions: The 10-Day Rule

In Buffalo City SD, as in all New York State school districts, your child can be suspended for up to 10 cumulative school days in a school year without triggering a Manifestation Determination Review (MDR). This is often referred to as the "10-day rule." This means the school can remove your child from their regular placement for disciplinary reasons for a limited time without automatically requiring a formal review of whether the behavior is related to their disability.

However, even during these short-term suspensions, your child's right to FAPE is still a consideration. While the district isn't required to hold an MDR for suspensions totaling 10 days or less, they may still need to provide services to ensure your child continues to make progress on their IEP goals. Contact the CSE office to discuss whether services will be provided during a short-term suspension.

It's also important to understand the notice requirements for suspensions under New York Education Law 3214. For suspensions of five days or fewer, the school must provide you with written notice of the reason for the suspension and an opportunity for an informal conference with the principal or other school official. For suspensions longer than five days, your child is entitled to a superintendent's hearing with more formal due process protections, including the right to present evidence and witnesses. Contact Buffalo City SD to confirm their specific procedures for short-term suspensions and parental notification.

Keep careful track of the number of days your child has been suspended throughout the school year. If you feel your child is being unfairly targeted with repeated short-term suspensions, even if they don't exceed 10 days individually, this could indicate a pattern of discrimination or a failure to properly address your child's behavioral needs. In such cases, you may want to request an IEP meeting to discuss developing or revising a Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP).

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP is facing a suspension that exceeds 10 cumulative school days in a school year, or when a series of shorter suspensions creates a pattern that constitutes a change of placement. A "change of placement" isn't just about location; it's about whether the disciplinary actions significantly alter your child's educational experience. For example, multiple short-term suspensions that consistently remove your child from core instruction could be considered a change of placement, even if no single suspension exceeds 10 days.

The purpose of the MDR is to determine if the student's behavior that led to the disciplinary action was caused by or directly related to their disability, or if it was a direct result of the school district's failure to implement the student's IEP. This is a critical safeguard to ensure that students with disabilities are not punished for behaviors that are beyond their control or that stem from inadequate support.

The MDR must be conducted within 10 school days of the decision to take disciplinary action that would result in a change of placement. The IEP team, including you as the parent, relevant members of the IEP team (such as teachers, therapists, and administrators), and a representative of the school district, must participate in the MDR. The student should also be involved, when appropriate.

During the MDR, the team will review the student's IEP, any relevant evaluations and diagnostic results, and information provided by the parents and the student. The team will then address two key questions:

1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability? 2. Was the conduct in question the direct result of the school district's failure to implement the IEP?

If the answer to either of these questions is "yes," then the behavior is considered a manifestation of the student's disability.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for how the Buffalo City School District can proceed with disciplinary action against your child. 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 district must take immediate steps to address the underlying causes of the behavior.

Specifically, if the behavior is a manifestation, the district must:

* Return the student to their previous placement (unless the parents and the district agree to a change of placement as part of the modification of the BIP). * Conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted. * Develop or revise a Behavior Intervention Plan (BIP) to address the behavior. The BIP should include strategies to prevent the behavior from recurring and to teach the student more appropriate replacement behaviors.

The focus shifts from punishment to understanding and addressing the root causes of the behavior. The district must provide the supports and services necessary to help your child succeed.

On the other hand, if the MDR team determines that the behavior is not a manifestation of your child's disability, the district may proceed with disciplinary action, including a suspension exceeding 10 days. However, even if the behavior is not a manifestation, your child is still entitled to a Free and Appropriate Public Education (FAPE). This means that the district must continue to provide services that allow your child to continue to participate in the general education curriculum and progress toward their IEP goals during the suspension. The IEP team will determine what those services will be, and where they will be provided.

It's crucial to remember that you have the right to challenge the outcome of the MDR if you disagree with the team's decision. You can do this by requesting a due process hearing.

The 45-Day Interim Alternative Setting

In very specific circumstances, the Buffalo City School District 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:

* Weapons: If the student carries a weapon to school or possesses a weapon at school or a school function. * Drugs: If the student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school or a school function. * Serious Bodily Injury: If the student has inflicted serious bodily injury upon another person at school or a school function. "Serious bodily injury" generally means an injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Even in these situations, the district must still provide FAPE. The interim alternative educational setting must allow the student to continue to participate in the general education curriculum and to continue to progress toward their IEP goals. The IEP team will determine the specific services and supports that will be provided in the alternative setting.

It's important to note that this 45-day removal is not a suspension in the traditional sense. It's a temporary change of placement designed to address immediate safety concerns while ensuring that the student's educational needs are still met.

If you disagree with the district's decision to place your child in an interim alternative educational setting, you have the right to challenge this decision through an expedited due process hearing. This process is designed to resolve the dispute quickly so that your child's education is not unduly disrupted.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a process used to identify the reasons behind a student's challenging behavior. It looks beyond the surface of the behavior to understand what triggers it, what functions it serves for the student (e.g., attention-seeking, escape from a task), and what factors maintain it. The FBA is a critical tool for developing effective interventions.

The Buffalo City School District is required to conduct an FBA when a student's behavior is interfering with their learning or the learning of others. This is particularly important for students with IEPs, as their disability may contribute to their behavior. An FBA is always required after a manifestation determination if the behavior was a manifestation of the student's disability AND an FBA has not yet been conducted.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. The BIP outlines specific strategies and interventions to address the student's challenging behavior. A good BIP should include:

* Proactive strategies: These are designed to prevent the behavior from occurring in the first place. Examples include modifying the environment, providing clear expectations, and teaching the student coping skills. * Replacement behaviors: The BIP should identify and teach the student alternative behaviors that serve the same function as the challenging behavior but are more appropriate. * Reactive strategies: These are strategies to use when the challenging behavior does occur. They should focus on de-escalation and minimizing harm. * Data collection methods: The BIP should outline how the school will track the student's progress and the effectiveness of the interventions.

As a parent, you have the right to request an FBA for your child at any time, even if they haven't been suspended. If you notice a pattern of challenging behaviors, or if you believe that your child's current IEP is not adequately addressing their behavioral needs, put your request for an FBA in writing to the school principal and the CSE. Don't wait for a crisis to occur. Proactively addressing behavioral concerns can prevent future disciplinary issues and ensure that your child receives the support they need to succeed.

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

If your child with an IEP has just been suspended in Buffalo City SD, here's a checklist of immediate actions you should take to protect their rights:

1. Get the Suspension Notice in Writing: Request a written copy of the suspension notice from the school principal or administrator. This notice should include the reason for the suspension, the length of the suspension, and your child's rights. 2. Count Cumulative Suspension Days: Keep track of the number of days your child has been suspended this school year . This is crucial for determining when an MDR is required. 3. If Approaching 10 Days, Request MDR in Writing: If the current suspension, combined with previous suspensions, is approaching or exceeds 10 cumulative school days, immediately send a written request to the school principal and the CSE for a Manifestation Determination Review (MDR). Clearly state that you are requesting an MDR due to the cumulative number of suspension days. 4. Contact the CSE Office: Contact the Committee on Special Education (CSE) office in Buffalo City SD to request information about the continuation of services during the suspension. Even for short-term suspensions, your child may be entitled to services to ensure they continue to make progress on their IEP goals. Document the date and time of your call, and the name of the person you spoke with. 5. Review the IEP and BIP: Review your child's IEP and Behavior Intervention Plan (BIP), if one exists. Is the IEP being properly implemented? Is the BIP being followed? Are there any areas that need to be revised or strengthened? 6. Document Everything: Keep detailed records of all communication with the school, including dates, times, names of people you spoke with, and the content of the conversations. Save all written documents, such as suspension notices, emails, and letters. 7. Consider Escalation: If you believe the school is violating your child's rights, or if you are not satisfied with the school's response, consider the following escalation options: * State Complaint to NYSED: You can file a formal complaint with the New York State Education Department (NYSED) if you believe the school district has violated IDEA regulations. * Expedited Due Process Hearing: If you disagree with the outcome of the MDR or the district's decision to suspend your child, you can request an expedited due process hearing. This is a more formal legal process that can result in a binding decision. 8. Seek Legal Advice: If you are facing a complex disciplinary issue, or if you are unsure of your rights, consider seeking legal advice from a special education attorney or advocate familiar with Buffalo City SD. They can provide you with personalized guidance and representation.

By taking these steps, you can advocate effectively for your child and ensure that they receive the supports and services they need to succeed in school.