Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 2 (Upper East Side)

If your child with an Individualized Education Program (IEP) in NYC District 2 (Upper East Side) has just been suspended, you're likely feeling overwhelmed and unsure of what to do next. This guide is designed to provide you with immediate, actionable steps you can take to protect your child's rights and ensure they receive the appropriate educational services. New York State Education Law and the Individuals with Disabilities Education Act (IDEA) provide specific protections for students with IEPs facing disciplinary action, and it's crucial to understand these rights to advocate effectively for your child.

This page will walk you through the disciplinary process, explain the critical role of Manifestation Determination Reviews (MDRs), and outline your rights to due process. We'll also provide a checklist of steps you should take immediately following a suspension to ensure your child's educational needs are met. Remember, you are not alone in this process. Many resources are available to support you, and understanding your rights is the first step toward a positive outcome for your child.

Short-Term Suspensions: The 10-Day Rule

In NYC District 2, as in all of New York State, schools can 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 day here or there, and the total number of suspension days hasn't exceeded 10, the school district isn't legally obligated to conduct an MDR. However, it's important to keep a close record of all suspensions, as exceeding this limit triggers significant procedural safeguards.

Even within these first 10 days, your child's right to a Free and Appropriate Public Education (FAPE) should still be considered. While a full MDR isn't required, the district should still consider whether services are needed to ensure your child continues to make progress on their IEP goals. Contact the Committee on Special Education (CSE) office in District 2 to discuss whether your child needs continued services during even a short-term suspension.

New York Education Law § 3214 outlines the requirements for short-term suspensions. The principal or designated school official must inform your child of the charges against them and provide an opportunity to be heard. You, as the parent or guardian, must also be notified of the suspension and the reasons for it. This notification should be in writing and should clearly state the grounds for the suspension and the length of the suspension. While a formal hearing is not typically required for suspensions of five days or less, your child still has the right to present their side of the story. Make sure you document all communication with the school regarding the suspension.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP is facing a suspension that will result in a change of placement. This generally occurs when the suspension exceeds 10 cumulative school days in a school year, or when a pattern of short-term suspensions creates a substantial disruption to the student's education. The key question is whether the series of suspensions, even if each is short, creates a pattern that constitutes a change of placement.

The MDR is a critical process designed to determine whether the student's behavior that led to the suspension was caused by, or directly related to, their disability, or whether it was the direct result of the district's failure to implement the IEP. The Individuals with Disabilities Education Act (IDEA) mandates this review to protect students with disabilities from being unfairly disciplined for behaviors that are a manifestation of their disability.

The MDR meeting must include relevant members of the IEP team, including you as the parent, a representative of the school district, and other qualified personnel who have knowledge of the student and their disability. The student may also attend, if appropriate. The team will review the student's IEP, relevant evaluations, and any teacher observations to determine the relationship between the student's behavior and their disability.

The MDR team must 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 the direct result of the school district's failure to implement the student's IEP?

The MDR must occur within 10 school days of the decision to change the student's placement due to a disciplinary action. This timeline is crucial, so make sure to act quickly and request the MDR in writing as soon as you are aware that your child is facing a suspension that will exceed the 10-day limit or create a pattern of removal.

The Two MDR Outcomes

The Manifestation Determination Review (MDR) process results in one of two possible outcomes, each with distinct implications for your child's education and disciplinary proceedings.

Outcome 1: Behavior IS a Manifestation of the Disability

If the MDR team determines that the student's behavior was caused by, or had a direct and substantial relationship to, their disability, OR that it was the direct result of the school district's failure to implement the student's IEP, the behavior is considered a manifestation of the disability. In this case, the school district cannot proceed with a long-term suspension.

The school must immediately return the student to their original placement, unless you and the district agree to a change of placement as part of the IEP review process. The IEP team must also conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted, and implement a Behavior Intervention Plan (BIP) to address the problematic behavior. If a BIP is already in place, the team must review and revise it to ensure it effectively addresses the student's needs. This may involve modifying the IEP, providing additional supports and services, or implementing alternative strategies to prevent the behavior from recurring.

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 related to, their disability, and that the school district properly implemented the student's IEP, 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 suspension is deemed appropriate, your child is still entitled to a Free and Appropriate Public Education (FAPE). The school district must provide services that allow your child to continue to participate in the general education curriculum and make progress on their IEP goals during the suspension. This may include alternative educational settings, tutoring, or other supports designed to ensure your child's educational needs are met. It is critical to work with the school district to determine what services will be provided and to ensure that these services are actually delivered effectively.

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 student's disability. These circumstances are limited to situations involving:

• Weapons: The student possesses or carries a weapon to school or a school function. * Drugs: The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of controlled substances, while at school or a school function. * Serious Bodily Injury: The student has inflicted serious bodily injury upon another person while 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 school district must provide educational services that enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals outlined in their IEP. The interim alternative educational setting must be chosen to allow the student to continue to receive FAPE.

If you disagree with the school district's decision to place your child in an interim alternative educational setting, you have the right to challenge this decision through an expedited due process hearing. This hearing is designed to resolve the dispute quickly and efficiently. You should immediately contact an attorney or advocate experienced in special education law to assist you in navigating this process. You have the right to argue that the behavior did not meet the threshold for a 45-day removal, or that the interim setting is not providing FAPE.

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 consequences maintain it, and what the student is trying to communicate through the behavior. This information is then used to develop a Behavior Intervention Plan (BIP) that addresses the underlying causes of the behavior and teaches the student more appropriate ways to meet their needs.

Under IDEA, a school district must conduct an FBA when a student's behavior impedes their learning or the learning of others. This is particularly important when a student is facing disciplinary action, as the FBA can help determine whether the behavior is related to the student's disability. If an FBA has not been conducted prior to a disciplinary incident, the MDR team will likely recommend that one be completed as part of the process.

A good BIP should be individualized to the student's specific needs and should include:

• Clear and Measurable Goals: The BIP should outline specific, measurable, achievable, relevant, and time-bound (SMART) goals for behavior change. * Antecedent Strategies: These strategies focus on preventing the behavior from occurring in the first place by modifying the environment or teaching the student coping skills. * Replacement Behaviors: The BIP should identify and teach the student alternative behaviors that serve the same function as the problematic behavior but are more appropriate. * Consequence Strategies: These strategies outline how the school will respond to the behavior, both positive reinforcement for appropriate behavior and consequences for inappropriate behavior. Consequences should be consistent and predictable. * Data Collection: The BIP should include a system for collecting data on the student's behavior to track progress and make adjustments to the plan as needed.

You, as a parent, have the right to request an FBA proactively, even before a crisis occurs. If you notice that your child is struggling with certain behaviors, or if you believe that their current IEP does not adequately address their behavioral needs, you should submit a written request to the school district for an FBA. The district is required to consider your request and, if appropriate, conduct the assessment. Document everything in writing, and follow up regularly to ensure your request is being addressed.

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 and ensure their educational needs are met. Here's a checklist of steps you should take immediately:

1. Get the Suspension Notice in Writing: Obtain a written notice of the suspension from the school principal or designated official. This notice should include the date of the suspension, the reasons for the suspension, the length of the suspension, and information about your right to appeal the decision. Do not rely on verbal communication alone. 2. Count Cumulative Suspension Days: Keep a running total of the number of days your child has been suspended during the current 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 cause your child to exceed 10 cumulative days of suspension, or if you believe a pattern of short-term suspensions is emerging, submit a written request to the school district for a Manifestation Determination Review (MDR). Send this 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 NYC District 2 and request that your child's educational services continue during the suspension. Under IDEA, your child is entitled to FAPE even while suspended, so the district must provide services that allow them to continue to make progress on their IEP goals. 5. Document Everything: Keep detailed records of all communication with the school district, including dates, times, names of individuals you spoke with, and the content of the conversations. Save all written documents, such as suspension notices, emails, and letters. 6. Consider Escalation: If the school district is not responsive to your requests, or if you believe your child's rights are being violated, consider the following escalation steps: * State Complaint to NYSED: File a formal complaint with the New York State Education Department (NYSED). This complaint should outline the specific violations of IDEA or state special education law. * Expedited Due Process Hearing: Request an expedited due process hearing to resolve the dispute. This is a more formal legal process that involves presenting evidence and arguments to an impartial hearing officer. 7. Seek Legal Advice: Consult with an attorney or advocate experienced in special education law. They can provide you with guidance on your rights and options, and represent you in negotiations or legal proceedings. Several organizations in New York City offer free or low-cost legal services to families of children with disabilities. 8. Connect with Parent Support Networks: Reach out to parent support groups or advocacy organizations in NYC District 2. Connecting with other parents who have gone through similar experiences can provide you with valuable emotional support and practical advice. Search online for "special education parent support groups NYC District 2" to find local resources.