Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in Central Islip UFSD: What to Do When Your Child Is Suspended

If your child with an IEP in Central Islip UFSD 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 receive the appropriate educational services during their suspension. The disciplinary process for students with disabilities is different than for general education students, governed by federal and state laws like the Individuals with Disabilities Education Act (IDEA) and New York Education Law 3214. These laws provide specific protections, including the right to a Manifestation Determination Review (MDR) and the continuation of Free Appropriate Public Education (FAPE) even during a suspension. Don't panic – this guide will help you navigate the process.

The key thing to remember is that your child's IEP entitles them to specific protections when facing disciplinary action. The school district cannot simply suspend a student with an IEP without considering whether the behavior is related to their disability or the district's failure to properly implement the IEP. Understanding your rights and acting quickly are crucial to ensuring your child's educational needs are met. This guide will walk you through the steps you need to take, from understanding the 10-day rule to requesting a Manifestation Determination Review and ensuring your child continues to receive FAPE.

Short-Term Suspensions: The 10-Day Rule

In Central Islip UFSD, as in all New York State school districts, a student with an IEP 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 that if your child has been suspended for a total of 10 days or fewer during the current school year, the school district is not legally required to conduct an MDR. However, it's important to keep careful track of the number of days your child has been suspended, as even seemingly minor disciplinary actions can add up quickly.

Even if the suspension is for fewer than 10 days, the district still has responsibilities. New York Education Law 3214 outlines the requirements for short-term suspensions. You must be provided with written notice of the suspension, including the reasons for the suspension and an opportunity for an informal conference with the principal or other school official. This conference allows you to present your child's side of the story and discuss any mitigating circumstances. Furthermore, even during these short-term suspensions, the district should consider whether your child needs continued access to their educational program and related services to ensure they don't fall behind on their IEP goals. Contact the CSE office to advocate for services during even short suspensions.

It's also important to note that even if an MDR is not required for suspensions totaling less than 10 days, a pattern of short-term suspensions could be considered a change of placement, which would then trigger the need for an MDR. If your child is repeatedly suspended for short periods, it's crucial to document these incidents and raise concerns with the school district. You can argue that the cumulative effect of these suspensions is disrupting your child's education and constitutes a change of placement, thus requiring an MDR.

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 suspensions creates a pattern that constitutes a change of placement. The purpose of the MDR is to determine whether the student's behavior that led to the suspension was caused by, or had a direct and substantial relationship to, their disability, or whether the behavior was a direct result of the school district's failure to implement the student's IEP.

The MDR meeting must be held within 10 school days of the decision to take disciplinary action that would result in a change of placement. The meeting must include the school district, the parent(s), and relevant members of the IEP team, as determined by the parent and the district. This could include the student's special education teacher, general education teacher, school psychologist, or other professionals who have knowledge of the student's disability and behavior. It's crucial that you, as the parent, actively participate in the MDR meeting and bring any relevant information or documentation that supports your child's case.

During the MDR, the team will review all relevant information in the student's file, including the IEP, any behavior intervention plans (BIPs), assessments, and teacher observations. The team will then address two critical 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 school district's failure to implement the student's 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 the disciplinary action that can be taken against your child. If the MDR team determines that the behavior is a manifestation of your child's disability, the school district cannot proceed with a long-term suspension (more than 10 days). Instead, the student must be returned to their current placement, unless the parent and the district agree to a change of placement as part of the IEP process.

Furthermore, if the behavior is determined to be a manifestation of the disability, the school district must conduct a functional behavioral assessment (FBA), unless one has already been conducted. The FBA is a process of gathering information about the student's behavior, including what triggers it, what functions it serves for the student, and what interventions might be effective in addressing it. Based on the FBA, the district must develop or revise a behavior intervention plan (BIP) for the student. The BIP should include strategies and supports designed to prevent the behavior from occurring in the future and to teach the student more appropriate ways to respond to challenging situations.

If, on the other hand, the MDR team determines that the behavior is not a manifestation of your child's disability, the school district may proceed with the disciplinary action, including a suspension of more than 10 days. However, even in this case, your child is still entitled to a Free Appropriate Public Education (FAPE). This means that the district must provide services that allow your child to continue to participate in the general education curriculum and to progress toward their IEP goals during the suspension. The IEP team will determine what those services should be, and they may include tutoring, alternative assignments, or other supports.

The 45-Day Interim Alternative Setting

In very specific circumstances, Central Islip 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 the student's disability. These circumstances are limited to situations where the student has: (1) carried a weapon to school or possessed a weapon at school, on school premises, or at a school function; (2) knowingly possessed or used illegal drugs, or sold or solicited the sale of a controlled substance, while at school, on school premises, or at a school function; or (3) inflicted serious bodily injury upon another person while at school, on school premises, or at a school function.

Even when a student is removed to an interim alternative educational setting for these reasons, the school district must continue to provide FAPE. This means that the student must receive services that allow them to continue to participate in the general education curriculum and to progress toward their IEP goals. The IEP team will determine the appropriate services, which may include instruction in core academic subjects, counseling, and other supports. The alternative setting must enable the student to continue to be involved in the general education curriculum, although in a different location.

If you disagree with the school district's decision to remove your child to an interim alternative educational setting, you have the right to challenge the decision through an expedited due process hearing. This is a faster process than a regular due process hearing, and it is designed to resolve disputes quickly so that the student's education is not disrupted for an extended period of time. You should consult with an attorney or advocate experienced in special education law to understand your rights and options in this situation.

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 process of gathering information about the student's behavior, including what triggers it (antecedents), what the behavior looks like, and what consequences follow it. The goal of the FBA is to determine the function or purpose of the behavior – what the student is trying to achieve by engaging in the behavior. This understanding is essential for developing effective interventions.

Central Islip 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 of more than 10 days and the behavior is determined to be a manifestation of their disability. However, as a parent, you don't have to wait for a crisis to request an FBA. If you are concerned about your child's behavior, you can proactively request an FBA from the school district. It's best to make this request in writing to the CSE office.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. The BIP should include specific strategies and supports designed to prevent the challenging behavior from occurring in the first place, to teach the student more appropriate ways to respond to triggering situations, and to reinforce positive behaviors. A good BIP will include: (1) clear and measurable goals; (2) specific interventions tailored to the student's needs and the function of the behavior; (3) strategies for preventing the behavior; (4) strategies for teaching replacement behaviors; (5) strategies for responding to the behavior if it occurs; and (6) a plan for monitoring and evaluating the effectiveness of the BIP. It's crucial that the BIP is implemented consistently across all settings, including at home and at school.

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

When your child with an IEP is suspended in Central Islip UFSD, it's crucial to act quickly to protect their rights and ensure they receive appropriate educational services. Here's a checklist of steps you should take on Day 1:

1. Get the Suspension Notice in Writing: Obtain a written copy of the suspension notice from the school. This notice should include the reasons for the suspension, the length of the suspension, and your rights as a parent.

2. Count Cumulative Suspension Days: Immediately determine the number of cumulative school days your child has been suspended this school year. Keep a running record of all suspensions.

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 special education department (CSE office) requesting a Manifestation Determination Review (MDR). Clearly state that you are requesting an MDR due to the potential for a change of placement.

4. Contact the CSE Office to Request Continuation of Services: Contact the Committee on Special Education (CSE) office in Central Islip UFSD and request that your child's educational services continue during the suspension. Emphasize that your child is entitled to FAPE even while suspended and that the IEP team needs to determine how those services will be provided.

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

6. Consult with an Advocate or Attorney: Consider contacting a special education advocate or attorney to discuss your child's rights and options. They can provide guidance and support throughout the disciplinary process.

7. Escalation: If the district is unresponsive, 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 suspension or the district's failure to provide FAPE.