Discipline Rights & the Manifestation Determination Review

Short-Term Suspensions: The 10-Day Rule

If your child with an IEP has been suspended in Niagara Falls City School District (NFCSD), it's essential to understand your rights immediately. New York State Education Law Section 3214 governs student suspensions, and there are specific protections for students with disabilities. The first thing to know is the "10-day rule." NFCSD can suspend your child for up to 10 cumulative school days in a school year without triggering a Manifestation Determination Review (MDR). This means the district can issue short suspensions for various infractions without automatically needing to determine if the behavior is related to your child's disability.

However, even within these first 10 days, NFCSD must follow certain procedures. According to NY Education Law 3214, for suspensions of five days or fewer, the principal or superintendent can make the decision. You must be given oral (phone) and written notice of the reason for the suspension and an opportunity to ask questions about it. For suspensions exceeding five days, your child is entitled to a superintendent's hearing, which includes more formal due process protections, such as the right to present evidence and question witnesses. Contact the district to confirm their specific procedures for short-term suspensions, as local policies may add additional layers of notification.

It's also crucial to track the number of suspension days your child has accumulated throughout the school year. Keep a record of each suspension, noting the date, duration, and reason. If your child is approaching the 10-day limit, be proactive. Even if an MDR isn't automatically triggered until that limit is reached, a pattern of suspensions could indicate that your child's IEP isn't adequately addressing their behavioral needs. In that case, you can request an IEP meeting to discuss the need for additional supports or modifications. Even for suspensions under 10 days, the district may still need to provide services if the suspension prevents your child from progressing toward their IEP goals.

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 suspension or series of suspensions results in a "change of placement." According to New York State regulations, a change of placement occurs when a student is (a) removed from their current educational placement for more than 10 consecutive school days; or (b) subjected to a series of removals that constitute a pattern because they total more than 10 school days in a school year. The pattern is determined by 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. So, if your child in NFCSD is facing a suspension that will push them over the 10-day cumulative limit, or if the district is proposing a suspension longer than 10 consecutive days, an MDR must be conducted.

The purpose of the MDR is to determine whether the behavior that led to the suspension was caused by, or had a direct and substantial relationship to, your child's disability, or whether the behavior was a direct result of the district's failure to implement your child's IEP. The MDR team must include representatives from the Niagara Falls City School District, including special education staff, as well as you, the parent, and relevant members of your child's IEP team. Your active participation is crucial to ensure your child's rights are protected.

The MDR process has a strict timeline. The review must occur within 10 school days of the decision to change the student's placement (i.e., the decision to suspend for more than 10 days or when a pattern of suspensions emerges). You should receive written notice of the MDR meeting, including the date, time, location, and purpose of the meeting. If you believe an MDR is required and the district hasn't scheduled one, immediately request one in writing from the NFCSD special education office.

The Two MDR Outcomes

The Manifestation Determination Review (MDR) will have one of two possible outcomes, each with significant implications for your child's education and disciplinary process in Niagara Falls City School District. The MDR team will convene and answer two critical questions: (1) Was the behavior caused by, or did it have a direct and substantial relationship to, your child's disability? (2) Was the behavior a direct result of the district's failure to implement your child's IEP?

If the answer to either of these questions is "yes," the behavior is considered a manifestation of your child's disability. This means the district cannot proceed with a long-term suspension (beyond the days already served). Instead, the district must immediately return your child to their previous placement, unless you and NFCSD agree to a change of placement as part of the IEP process. Furthermore, the IEP team must conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted, and implement a Behavior Intervention Plan (BIP) for your child. If a BIP is already in place, the team must review and revise it to address the behavior that led to the suspension. This outcome emphasizes addressing the underlying causes of the behavior and providing appropriate supports to prevent future incidents.

On the other hand, if the MDR team determines that the behavior was not a manifestation of your child's disability, NFCSD may proceed with the disciplinary action, including a longer suspension. However, even in this scenario, your child's right to a Free and Appropriate Public Education (FAPE) must continue. This means the district is still responsible for providing services that allow your child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals outlined in their IEP. The specific services provided will depend on the length of the suspension and your child's individual needs, but could include tutoring, alternative assignments, or other supports.

The 45-Day Interim Alternative Setting

Under very specific circumstances, Niagara Falls 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 the student's disability. These circumstances are limited to situations involving: (1) carrying or possessing a weapon at school, on school premises, or at a school function; (2) knowingly possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance, at school, on school premises, or at a school function; or (3) inflicting serious bodily injury upon another person at school, on school premises, or at a school function.

It's important to understand the definitions of these terms. A "weapon" is generally defined as something designed to cause harm. "Illegal drugs" and "controlled substances" refer to substances regulated by law. "Serious bodily injury" 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. These removals are intended to address serious safety concerns and are not meant to be used for more minor disciplinary infractions.

Even during a 45-day removal to an interim alternative setting, your child's right to FAPE remains in effect. NFCSD must provide services that enable your child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in their IEP. The IEP team will determine the specific services to be provided, taking into account your child's individual needs and the nature of the interim setting. If you disagree with the district's decision to place your child in an interim alternative setting, or with the services being provided, you have the right to challenge the decision through an expedited due process hearing. This allows for a faster resolution of the dispute than a standard due process hearing.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) and a Behavior Intervention Plan (BIP) are critical tools for understanding and addressing challenging behaviors in students with IEPs. In Niagara Falls City School District, the district must conduct an FBA if a student's behavior impedes their learning or the learning of others. This is particularly important if your child is facing disciplinary action, as the FBA can help determine whether the behavior is related to their disability and inform the development of a more effective BIP.

An FBA is a systematic process of gathering information about the student's behavior, including what happens before the behavior (antecedents), the behavior itself, and what happens after the behavior (consequences). The goal is to identify the function or purpose of the behavior – what is the student trying to achieve by engaging in the behavior? Common functions include seeking attention, escaping a task, or gaining access to a desired item or activity.

A BIP is developed based on the findings of the FBA. It outlines specific strategies and interventions to address the challenging behavior and teach the student more appropriate replacement behaviors. A good BIP should include: (1) proactive strategies to prevent the behavior from occurring in the first place, such as modifying the environment or providing accommodations; (2) teaching strategies to help the student learn new skills and behaviors; (3) reinforcement strategies to reward positive behavior; and (4) reactive strategies to manage the behavior if it does occur. The BIP should be individualized to your child's specific needs and should be implemented consistently across all settings.

You, as a parent, play a vital role in the FBA and BIP process. You have valuable insights into your child's behavior and can provide information about what works and what doesn't. You also have the right to request an FBA proactively, before a crisis occurs. If you believe your child's behavior is interfering with their learning, or if you are concerned about potential disciplinary issues, put your request for an FBA in writing to the NFCSD special education office. Don't wait for a suspension to happen – early intervention can prevent problems from escalating.

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

If your child with an IEP has been suspended from Niagara Falls City School District, it's crucial to take immediate action to protect their rights and ensure they continue to receive appropriate educational services. Here's a "Day 1 Checklist" to guide you:

1. Get the Suspension Notice in Writing: Immediately request a written copy of the suspension notice from the school principal or administrator. This notice should include the date of the suspension, the reason for the suspension, the length of the suspension, and information about your child's right to a hearing (if applicable). Do not rely on verbal communication alone.

2. Count Cumulative Suspension Days: Keep a running tally of the number of days your child has been suspended this school year . This is critical for determining when an MDR is required. Refer to your records of previous suspensions, if any.

3. If Approaching 10 Days, Request MDR in Writing: If this suspension will bring your child close to or over the 10-day cumulative limit, or if the proposed suspension is longer than 10 consecutive days, immediately send a written request for a Manifestation Determination Review (MDR) to the NFCSD special education office. Clearly state that you are requesting an MDR due to the potential change of placement. Send the request via certified mail with return receipt requested, or hand-deliver it and obtain a signed receipt.

4. Contact the CSE Office to Request Continuation of Services: Contact the Committee on Special Education (CSE) office in writing to request information about how your child's educational services will continue during the suspension. Under IDEA, your child is entitled to FAPE even while suspended, meaning they should receive services that allow them to continue to participate in the general education curriculum and progress toward their IEP goals. Request details about tutoring, alternative assignments, or other supports that will be provided.

5. Escalation: State Complaint to NYSED or Expedited Due Process Hearing: If you believe NFCSD is violating your child's rights, you have options for further action. You can file a State Complaint with the New York State Education Department (NYSED), alleging violations of IDEA. This is a formal process that requires the district to respond to your allegations. Alternatively, if you disagree with the district's decisions regarding the suspension, the MDR outcome, or the services being provided, you can request an expedited due process hearing. This is a more formal legal process that involves presenting evidence and arguments to an impartial hearing officer. Consult with a special education attorney or advocate to determine the best course of action for your situation.