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East Ramapo CSD

Discipline Rights & Impartial Hearings
in East Ramapo CSD

If East Ramapo CSD is trying to suspend or change the placement of your child with an IEP, you need to know your rights.

Hi, I'm a New York parent of a child with an IEP. When I watched the system fail my child, I realized how broken the CSE process is. I built this resource to help parents like you get the services your child deserves. You are not alone.

Even in East Ramapo CSD, students with IEPs are protected by federal law when facing school discipline. If your child is facing a suspension of more than 10 school days, the district must follow specific procedures.

The 10-Day Rule: When East Ramapo CSD Must Conduct a Manifestation Determination Review

Federal law requires East Ramapo CSD to hold a Manifestation Determination Review (MDR) if your child with an IEP is facing a suspension that will result in a change of placement. A change of placement occurs when a student is:

  • Removed from school for more than 10 consecutive school days; or
  • Subjected to a series of removals that constitute a pattern because they total more than 10 school days in a school year, and because of factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.

If either of these occurs, East Ramapo CSD must convene the IEP team (CSE) to conduct an MDR no later than the 10th day of the suspension.

What Happens at a Manifestation Determination Review (MDR)

At the Manifestation Determination Review, the CSE must answer 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 East Ramapo CSD's failure to implement the IEP?

The CSE must consider all relevant information, including the child's IEP, teacher observations, and any relevant information provided by the parent.

If the Behavior IS a Manifestation of the Disability

If the CSE determines that the behavior was a manifestation of your child's disability or that East Ramapo CSD failed to implement the IEP, the district must:

  • Conduct a functional behavioral assessment (FBA), unless the district had conducted one before the behavior occurred; and
  • Implement a behavior intervention plan (BIP) for the child; or
  • If a BIP already exists, review the BIP and modify it, as necessary, to address the behavior.

Also, unless the behavior involved weapons, drugs, or serious bodily injury, your child must be returned to their original placement.

Challenging Disciplinary Actions in New York: Impartial Hearings

If you disagree with East Ramapo CSD's disciplinary actions, including the outcome of the Manifestation Determination Review, you have the right to file for an impartial hearing under Part 200 of the Regulations of the Commissioner of Education. This is a legal proceeding where an impartial hearing officer (IHO) will hear evidence and make a decision.

Important: There are strict timelines for filing for an impartial hearing in New York. Don't delay in seeking legal advice.

When to Get Legal Help Immediately

  • The district is suspending your child repeatedly.
  • The district is not following your child's IEP during disciplinary actions.
  • The district is trying to change your child's placement without conducting an MDR.
  • You feel pressured to agree with the district's disciplinary decisions.

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Frequently Asked Questions

East Ramapo CSD parents ask

What is a Manifestation Determination Review (MDR)?

A Manifestation Determination Review (MDR) is a meeting held by the CSE to determine if a student's misbehavior is related to their disability or the district's failure to properly implement the IEP. It is required when a student with an IEP faces a suspension that constitutes a change of placement.

How do I request an impartial hearing in New York?

To request an impartial hearing, you must file a due process complaint notice with East Ramapo CSD and the New York State Education Department (NYSED). The complaint notice must meet specific requirements outlined in Part 200 regulations. You can find more information on the NYSED website.

What happens if the district says my child's behavior was NOT a manifestation of their disability?

If the CSE determines that the behavior was not a manifestation of your child's disability, East Ramapo CSD can discipline your child in the same way it disciplines students without disabilities. However, you still have the right to challenge this determination by requesting an impartial hearing.

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