Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in Freeport UFSD

Has your child with an IEP been suspended from school in Freeport? It's a stressful situation, but understanding your child's rights is the first step to ensuring they receive the appropriate support and education. This page will guide you through the disciplinary process in Freeport Union Free School District (UFSD), focusing on the rights of students with Individualized Education Programs (IEPs). We'll cover everything from short-term suspensions to Manifestation Determination Reviews (MDRs) and provide you with a checklist of actions to take immediately. Remember, you are your child's best advocate, and knowing your rights is crucial.

New York State Education Law and federal laws like the Individuals with Disabilities Education Act (IDEA) provide specific protections for students with IEPs facing disciplinary action. These laws aim to balance the need for a safe school environment with the student's right to a Free Appropriate Public Education (FAPE). Don't feel overwhelmed; this guide will break down the key information you need to navigate this process effectively in Freeport UFSD.

Short-Term Suspensions: The 10-Day Rule

Freeport UFSD, like all districts in New York State, can suspend a student for disciplinary reasons. However, there are different rules for short-term and long-term suspensions, especially when a student has an IEP. A short-term suspension is generally defined as one lasting five days or less. But here's the critical point: the cumulative number of days your child is suspended in a school year is what matters most.

The "10-day rule" states that a student with an IEP can be suspended for up to a total of 10 school days in a school year without triggering a Manifestation Determination Review (MDR). This means that if your child has multiple short suspensions that add up to 10 days or less, the district is generally not required to conduct an MDR. However, even during these short-term suspensions, the district still has an obligation to provide services if the suspension constitutes a change of placement. Contact the district to confirm their policy on providing services during short-term suspensions that do not trigger an MDR.

New York Education Law Section 3214 outlines the requirements for short-term suspensions. The school must inform your child of the charges against them and give them an opportunity to explain their side of the story. You, as the parent, must also be notified of the suspension. While a formal hearing is not always required for suspensions of five days or less, the principal must provide a written explanation of the reasons for the suspension. Make sure you receive this written notice, as it's essential documentation.

When an MDR Is Required

Once a student with an IEP has been suspended for more than 10 cumulative school days in a school year, or if the district is considering a suspension that would result in the student being removed for more than 10 consecutive school days, a Manifestation Determination Review (MDR) is required. An MDR is also required if the district engages in a pattern of short-term removals that constitute a change of placement. A "change of placement" is a legal term, but it generally means a significant alteration in the student's educational program. Contact the district to confirm their policy on what 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 the direct result of the district's failure to implement the student's IEP. This is a critical protection for students with IEPs, as it recognizes that their behavior may be linked to their disability.

The MDR meeting must be held within 10 school days of the decision to change the placement of a child with a disability because of a violation of a code of student conduct. The IEP team, including you as the parent and relevant school personnel (such as the principal, special education teacher, and other specialists), will participate in the MDR. It's crucial that you attend this meeting and actively participate, bringing any relevant information or documentation that supports your child's case.

The Two MDR Outcomes

The MDR process focuses on answering two key questions:

1. Was the student's behavior caused by, or did it have a direct and substantial relationship to, their disability? 2. Was the student's behavior a direct result of the 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. This has significant implications for the disciplinary action that can be taken.

If the behavior is determined to be a manifestation of the student'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 the parents and the district agree to a change of placement as part of the modification of the BIP). The IEP team must also conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted, and implement or revise a Behavior Intervention Plan (BIP) to address the behavior. The goal is to understand the function of the behavior and develop strategies to prevent it from happening again.

If the behavior is determined not to be a manifestation of the student's disability, the district may proceed with the disciplinary action, including a suspension. However, even in this case, the district must continue to provide FAPE to the student during the suspension. This means providing services that allow the student to continue to participate in the general education curriculum and progress toward their IEP goals. Contact the district to confirm what services they will provide during a suspension if the behavior is not a manifestation of the disability.

The 45-Day Interim Alternative Setting

There are limited circumstances where Freeport 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 a manifestation of their disability. These circumstances are:

* The student possesses a weapon at school, on school premises, or at a school function. * The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school, on school premises, or at a school function. * The student has inflicted serious bodily injury upon another person at school, on school premises, or at a school function.

Even in these situations, the district must provide services that enable the student to continue to participate in the general education curriculum, although in another setting, and to continue to progress toward the goals set out in the student's IEP. This could include tutoring, alternative assignments, or other supports.

If you disagree with the district's decision to place your child in an interim alternative setting, you have the right to challenge this decision by requesting an expedited due process hearing. This is a faster process than a regular due process hearing, and it allows you to present your case to an impartial hearing officer who will make a decision about the appropriateness of the placement.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a process used to identify the purpose or function of a student's behavior. It involves gathering information about the behavior, including what triggers it, what happens after it occurs, and what the student gains from engaging in the behavior. This information is then used to develop a Behavior Intervention Plan (BIP).

Freeport UFSD is required to conduct an FBA if a student's behavior impedes their learning or the learning of others. This is especially important when a student is facing disciplinary action. The FBA should be conducted by qualified professionals who have experience in behavior analysis.

A good BIP should include:

* A clear description of the target behavior. * Identification of the triggers or antecedents that lead to the behavior. * Strategies for preventing the behavior from occurring in the first place. * Positive reinforcement strategies to reward desired behaviors. * Strategies for responding to the behavior when it does occur. * A plan for monitoring and evaluating the effectiveness of the BIP.

As a parent, you have the right to request an FBA for your child, even if they are not currently facing disciplinary action. If you believe that your child's behavior is interfering with their learning, or if you are concerned about potential disciplinary issues, proactively requesting an FBA can be a valuable step. Put your request in writing to the school principal and the special education department. This can help prevent future crises and ensure that your child receives the support they need.

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

If your child has been suspended from school in Freeport UFSD, here's a checklist of actions you should take immediately:

1. Get the suspension notice in writing: Obtain a written copy of the suspension notice from the school principal or disciplinarian. This notice should include the reasons for the suspension, the duration of the suspension, and any scheduled hearings. 2. Count the 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 an MDR in writing immediately: If this suspension brings your child close to or over the 10-day threshold, send a written request to the school principal and the special education department requesting a Manifestation Determination Review. This will start the process and ensure that your child's rights are protected. 4. Contact the CSE office to request continuation of services: Contact the Committee on Special Education (CSE) office in Freeport UFSD and request that your child's educational services continue during the suspension. Even if the behavior is not a manifestation of their disability, they are still entitled to FAPE. 5. Escalation: If you are not satisfied with the district's response or believe that your child's rights have been violated, you have several options: * State Complaint to NYSED: You can file a formal complaint with the New York State Education Department (NYSED). This is a written complaint alleging that the district has violated IDEA or state special education laws. * Expedited Due Process Hearing: As mentioned earlier, you can request an expedited due process hearing to challenge the district's decisions regarding discipline or placement. This is a more formal process that involves presenting evidence and testimony to an impartial hearing officer. * Consider Legal Counsel: Consult with an attorney specializing in special education law. They can provide legal advice and represent you in negotiations or legal proceedings.

Remember, you are your child's strongest advocate. By understanding their rights and taking proactive steps, you can ensure that they receive the appropriate support and education, even during challenging times.