Discipline Rights & the Manifestation Determination Review

Student Discipline Rights in Newburgh Enlarged City SD: A Guide for Parents of Students with IEPs

If you're reading this, it's likely your child with an IEP has just been suspended from school in the Newburgh Enlarged City School District (NECSD). This can be a stressful and confusing time, but it's important to know your rights and how to advocate for your child. This guide will walk you through the disciplinary process, focusing on the specific protections afforded to students with disabilities under the Individuals with Disabilities Education Act (IDEA) and New York State Education Law. We'll cover everything from short-term suspensions to Manifestation Determination Reviews (MDRs) and provide you with actionable steps you can take right away.

Remember, NECSD is located in Newburgh, Orange County, New York. While the district aims to provide a safe and supportive learning environment, it's crucial to understand your child's rights to ensure fair and appropriate disciplinary procedures are followed. This guide provides information about discipline, MDRs, due process rights, and advocacy strategies specific to NECSD. New York State Education Law and IDEA provide significant protections for students facing disciplinary action, particularly those with IEPs. Discipline in NECSD must align with these legal frameworks.

The information here is designed to empower you to navigate the disciplinary process effectively and ensure your child receives the Free Appropriate Public Education (FAPE) they are entitled to, even during a suspension. Don't hesitate to seek legal counsel or advocacy support if you feel overwhelmed or unsure of your next steps.

Short-Term Suspensions: The 10-Day Rule

In Newburgh Enlarged City SD, as in all New York districts, your child can be suspended 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 the school can remove your child from their regular placement for disciplinary reasons for a short period without automatically requiring a meeting to determine if the behavior is related to their disability.

However, even during these short-term suspensions, your child's right to FAPE is still a concern. 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 Committee on Special Education (CSE) office to discuss whether services are appropriate during a short-term suspension, particularly if the suspension is for several days.

New York Education Law §3214 governs suspensions in New York State. For short-term suspensions (under 5 days), the law requires that you be given oral (phone call) and written notice of the reason for the suspension and an opportunity to be heard. For suspensions of 5 days or more, the district must hold a superintendent's hearing, which provides more formal due process protections. Make sure you receive written notification of any suspension, regardless of the length, and that the notice clearly states the reason for the suspension and your right to a hearing if applicable. Keep all documentation related to the suspension.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical safeguard for students with IEPs facing disciplinary action. It's triggered when a student faces a suspension exceeding 10 cumulative school days in a school year, or when there is a pattern of removals that constitute a change of placement. A "pattern of removals" means multiple suspensions for similar behaviors that, when added together, exceed 10 days and indicate a significant change in the student's educational placement.

The purpose of the MDR is to determine whether the student's behavior that led to the suspension is related to their disability. The MDR team typically includes the parents/guardians, relevant school personnel (including members of the IEP team like the special education teacher, school psychologist, and general education teacher), and, when appropriate, the student themselves.

During the MDR, the team will review all relevant information, including the student's IEP, any relevant evaluations, observations of the student's behavior, and any information provided by the parents. The team will 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 student's IEP?

The district has a legal obligation to conduct the MDR within 10 school days of the decision to change the student's placement due to a violation of the code of conduct. This timeline is crucial, so be proactive in contacting the school to schedule the MDR as soon as you are notified of a suspension that will trigger the 10-day rule.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for your child's disciplinary process and educational placement. There are two possible outcomes:

Outcome 1: Behavior IS a Manifestation of the Disability

If the MDR team determines that the student's behavior was caused by or substantially related to their disability, or that it was a direct result of the district's failure to implement the IEP, then the behavior is considered a "manifestation" of the disability. In this case, the district cannot proceed with a long-term suspension (more than 10 days).

Instead, the district must take immediate steps to address the underlying issues contributing to the behavior. This typically involves:

* Returning the student to their original placement (unless the parents and the district agree to a change of placement as part of the IEP revision). * Conducting a Functional Behavioral Assessment (FBA), if one hasn't already been done, to identify the function of the behavior (i.e., what the student is trying to achieve through the behavior). * Developing or revising a Behavior Intervention Plan (BIP) based on the FBA to teach the student alternative, more appropriate behaviors and to provide supports to prevent the problem behavior from occurring in the first place.

Outcome 2: Behavior is NOT a Manifestation of the Disability

If the MDR team determines that the student's behavior was not caused by or substantially related to their disability, and that it was not a direct result of the district's failure to implement the IEP, then the behavior is not considered a manifestation of the disability. In this case, 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 FAPE. This means the district must continue to provide educational services during the suspension that allow your child to continue to participate in the general education curriculum and progress toward their IEP goals. These services may include tutoring, alternative assignments, or other supports. Make sure to actively communicate with the district to ensure your child receives appropriate services during any suspension, regardless of the MDR outcome.

The 45-Day Interim Alternative Setting

Under IDEA, there are limited circumstances in which the Newburgh Enlarged City SD can remove a student with an IEP to an interim alternative educational setting (IAES) for up to 45 school days, regardless of whether the behavior is determined to be a manifestation of the disability. These circumstances are:

* The student possesses a weapon at school or a school function. * The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school or a school function. * 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 provide services that enable the student to continue to participate in the general education curriculum, although in a different setting, and to continue to progress toward meeting the goals set out in the student's IEP. The IAES should be designed to address the student's behavioral needs and prevent the behavior from recurring.

If you disagree with the district's decision to place your child in an IAES, 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 allows you to present your case to an impartial hearing officer who will make a decision about whether the IAES placement is appropriate. It is crucial to act quickly and seek legal advice if you believe your child's placement in an IAES is unwarranted.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) and a Behavior Intervention Plan (BIP) are essential tools for understanding and addressing challenging behaviors in students with IEPs. An FBA is a systematic process used to identify the function of a behavior – in other words, what the student is trying to achieve through the behavior. This involves gathering data about the behavior, including what triggers it, what happens immediately before and after it, and what the student gains or avoids as a result of the behavior.

The Newburgh Enlarged City SD is required to conduct an FBA when a student's behavior impedes their learning or the learning of others, and especially after a suspension that triggers an MDR. 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 doesn't adequately address their behavioral needs, you can proactively request an FBA from the CSE in writing.

A good BIP should be based on the findings of the FBA and should include the following components:

• Clear, specific goals: What behaviors are you trying to increase or decrease? * Antecedent strategies: What can be done to prevent the problem behavior from occurring in the first place? This might involve modifying the environment, providing prompts or cues, or teaching the student coping skills. * Replacement behaviors: What alternative, more appropriate behaviors can the student learn to achieve the same function as the problem behavior? * Consequence strategies: How will the adults respond when the student engages in the problem behavior? This might involve ignoring the behavior, redirecting the student, or implementing a pre-determined consequence. * Data collection: How will the team track the student's progress and determine whether the BIP is effective?

As a parent, your input is crucial in the development of both the FBA and the BIP. You have valuable insights into your child's behavior, triggers, and preferences. Work collaboratively with the school team to create a plan that is tailored to your child's individual needs and that is implemented consistently across all settings.

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

If your child with an IEP has been suspended from school in the Newburgh Enlarged City SD, here's a checklist of immediate actions you should take:

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 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 crucial for determining when the 10-day rule is triggered and an MDR is required. 3. If Approaching 10 Days, Request an MDR in Writing: If your child's current suspension, combined with previous suspensions, is approaching or exceeding 10 cumulative school days, immediately send a written request to the school principal and the CSE office requesting a Manifestation Determination Review. This will ensure the process starts promptly. 4. Contact the CSE Office to Request Continuation of Services: Regardless of the length of the suspension, contact the CSE office to discuss your child's right to continue receiving educational services during the suspension. Advocate for services that will allow your child to continue to make progress on their IEP goals. 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, such as suspension notices, emails, and letters. 6. Consider Legal Counsel or Advocacy Support: If you are unsure of your rights or feel overwhelmed by the process, consider seeking legal counsel from an attorney specializing in special education law or contacting a parent advocacy organization for support. 7. Escalation Options: If you believe the district is violating your child's rights, you have several options for escalation: * State Complaint to NYSED: You can file a formal complaint with the New York State Education Department (NYSED) if you believe the district has violated IDEA or state special education regulations. * Expedited Due Process Hearing: If you disagree with the district's decisions regarding your child's discipline or placement, you can request an expedited due process hearing. This is a more formal legal process where an impartial hearing officer will make a decision. Contact an attorney or advocate to help you navigate this process.

Remember, you are your child's best advocate. By understanding your rights and taking proactive steps, you can ensure that your child receives the fair and appropriate education they are entitled to, even during times of disciplinary action. Contact the Newburgh Enlarged City SD directly to confirm any local policies or procedures related to student discipline.