Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 1: What To Do When Your Child Is Suspended

If your child with an IEP in NYC District 1 (Lower East Side, Chinatown, East Village, Little Italy) has been suspended from school, it's crucial to understand their rights and take immediate action. This guide will walk you through the steps you need to take to protect your child's access to education and ensure their IEP is being followed. The information here is based on New York State Education Law and the Individuals with Disabilities Education Act (IDEA). Remember, you are your child's best advocate.

This situation can feel overwhelming, but knowing your child's rights is the first step to navigating the disciplinary process. This page provides actionable steps you can take immediately to advocate for your child and ensure they receive the Free Appropriate Public Education (FAPE) they are entitled to, even during a suspension.

Short-Term Suspensions: The 10-Day Rule

New York State Education Law 3214 governs student suspensions. The law allows schools in District 1 to suspend a student 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 that if your child has been suspended for a few days here and there, adding up to 10 days or less, the school is not legally required to conduct an MDR.

However, even during these short-term suspensions, your child's right to FAPE still applies. While the district isn't required to hold an MDR, they are still responsible for ensuring your child continues to make progress on their IEP goals. This might involve providing homework assignments, alternative learning activities, or other supports to help them keep up with their studies. Contact the Committee on Special Education (CSE) office in District 1 to discuss what services will be provided during a short-term suspension.

It's also important to know your rights regarding notification of a short-term suspension. New York Education Law 3214 requires that the school provide you with written notice of the suspension, explaining the reasons for the suspension and your child's right to an informal conference with the principal or other school official. This notice should be provided as soon as possible after the suspension decision is made.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP faces a suspension exceeding 10 cumulative school days in a school year, or when a series of suspensions creates a pattern of exclusion that constitutes a change of placement. A "change of placement" isn't just about physically moving a student to a different school. It means that the disciplinary action significantly alters the student's educational experience.

The purpose of the MDR is to determine whether the student's behavior that led to the suspension was caused by, or directly and substantially related to, their disability, or whether it was a direct result of the school's failure to implement the student's IEP.

The MDR meeting must include relevant members of the IEP team, including you as the parent, a representative of the school district, your child (if appropriate), and other professionals who have knowledge of your child's disability and the behavior in question.

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

The MDR must be conducted within 10 school days of the decision to take disciplinary action that would result in a change of placement. This timeline is crucial, so make sure the school adheres to it. If you feel the school is delaying the MDR, put your concerns in writing to the principal and the CSE chairperson.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for your child's disciplinary process. 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 directly and substantially related to, their disability, or that it was a direct result of the school's failure to implement the IEP, then the behavior is considered a manifestation of the disability. In this case, the school district cannot proceed with a long-term suspension (beyond the initial 10 days).

Instead, the school must take immediate steps to address the underlying issues that contributed to the behavior. This includes:

• Returning the student to their original placement: Unless you and the school agree to a change of placement as part of the IEP process. * Conducting or reviewing a Functional Behavioral Assessment (FBA): If an FBA has not already been conducted, the school must conduct one to identify the function of the behavior (i.e., what purpose it serves for the student). * Developing or revising a Behavior Intervention Plan (BIP): Based on the findings of the FBA, the school must develop or revise a BIP that includes strategies to address the behavior and teach the student alternative, more appropriate behaviors.

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 directly and substantially related to, their disability, and that it was not a direct result of the school's failure to implement the IEP, then the behavior is not considered a manifestation of the disability.

In this case, the school district may proceed with the disciplinary action, including a long-term suspension. However, even if the behavior is not a manifestation, your child is still entitled to a Free Appropriate Public Education (FAPE). This means that the school must provide services during the suspension that allow your child to continue to participate in the general education curriculum and make progress on their IEP goals. The specific services provided will depend on your child's individual needs and the length of the suspension.

The 45-Day Interim Alternative Setting

Under certain, very specific circumstances, a 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 disability. These circumstances are limited to situations involving:

• Weapons: The student possesses a weapon at school, on school premises, or at a school function. * Drugs: 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. * Serious Bodily Injury: The student has inflicted serious bodily injury upon another person at school, on school premises, or at 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 school district must provide services that enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student's IEP. The interim alternative educational setting must be determined by the IEP team.

If you disagree with the school's decision to place your child in an interim alternative educational setting, you have the right to challenge the decision by requesting an expedited due process hearing. This is a faster process than a regular due process hearing, and it is designed to resolve disputes quickly in order to minimize the disruption to your child's education.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a process used to identify the reasons behind a student's challenging behavior. It looks beyond the behavior itself to understand what triggers it, what purpose it serves for the student, and what factors maintain it. The FBA gathers information through observations, interviews, and record reviews.

When is an FBA required? An FBA is required when a student's behavior impedes their learning or the learning of others, and especially when the behavior leads to disciplinary action. As discussed above, if an MDR determines that the behavior was a manifestation of the student's disability, and an FBA has not already been conducted, the school must conduct one.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. The BIP outlines specific strategies and interventions to address the challenging behavior and teach the student alternative, more appropriate behaviors. A good BIP should include:

• Clear and measurable goals: What specific behaviors are being targeted for change? * Antecedent strategies: What can be done to prevent the behavior from occurring in the first place? This might involve modifying the environment, changing instructional strategies, or providing the student with specific supports. * Replacement behaviors: What alternative behaviors will the student be taught to use instead of the challenging behavior? * Consequence strategies: How will the school respond when the challenging behavior occurs? This should focus on positive reinforcement for desired behaviors and consistent, non-punitive responses to the challenging behavior. * Data collection methods: How will the school track the student's progress and determine whether the BIP is effective?

You, as the parent, are a critical member of the team that develops the FBA and BIP. Your input is essential to ensuring that the plan is tailored to your child's individual needs and that it is implemented consistently at home and at school.

You don't have to wait for a crisis to request an FBA. If you see a pattern of concerning behaviors developing, or if you believe that your child's current IEP does not adequately address their behavioral needs, you have the right to request an FBA in writing. It's always best to be proactive and address potential problems before they escalate.

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

When your child is suspended, it's crucial to act quickly and strategically to protect their rights. Here's a checklist of what to do on Day 1:

1. Get the suspension notice in writing: Obtain a written notice of the suspension from the school. This notice should include the reasons for the suspension, the length of the suspension, and your child's right to an informal conference. 2. Count cumulative suspension days: Keep track of the number of days your child has been suspended this school year . This is critical for determining when an MDR is required. 3. If approaching 10 days, request an MDR in writing immediately: If the current suspension will bring the total number of suspension days to more than 10, send a written request for an MDR to the principal and the CSE chairperson. Do not delay. 4. Contact the CSE office to request continuation of services: Even for short-term suspensions, your child is entitled to services that allow them to continue to make progress on their IEP goals. Contact the CSE office in District 1 to discuss what services will be provided during the suspension. Document the date and time of your call, and the name of the person you spoke with. Follow up with an email summarizing the conversation. 5. Review the IEP: Carefully review your child's IEP to ensure that it is being implemented correctly and that it adequately addresses their behavioral needs. 6. Document everything: Keep detailed records of all communications with the school, including dates, times, names of people you spoke with, and summaries of the conversations. Save all written documents, including the suspension notice, emails, and letters. 7. Consider escalation: If you believe that the school is violating your child's rights, or if you are not satisfied with the school's response, 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 school has violated IDEA or state special education regulations. * Expedited Due Process Hearing: If you disagree with the school's decision regarding the suspension or the MDR, you can request an expedited due process hearing. This is a more formal process that involves presenting evidence and arguments to an impartial hearing officer. You may want to consult with an attorney or advocate to help you navigate the due process hearing.

Remember, you are your child's strongest advocate. By understanding their rights and taking proactive steps, you can ensure that they receive the support and services they need to succeed.