Discipline Rights & the Manifestation Determination Review

Student Rights & Discipline in District 4 (East Harlem): A Parent's Guide

Your child has just been suspended from school in District 4 (East Harlem). This can be a stressful and confusing time, especially if your child has an Individualized Education Program (IEP). It's crucial to understand your child's rights and the school's responsibilities regarding discipline. This guide will help you navigate the disciplinary process, particularly the Manifestation Determination Review (MDR), and ensure your child receives the Free Appropriate Public Education (FAPE) they are entitled to under the law. Remember, you are your child's strongest advocate.

District 4, which includes East Harlem, Spanish Harlem, and Randalls Island, is governed by New York State Education Law and the federal Individuals with Disabilities Education Act (IDEA). These laws provide specific protections for students with IEPs facing disciplinary action. This guide will walk you through those protections and provide actionable steps you can take immediately.

Short-Term Suspensions: The 10-Day Rule

New York State Education Law 3214 governs student suspensions. The law allows schools in District 4 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." It's important to track the number of days your child has been suspended throughout the year. Keep a record of each suspension, including the dates and reasons.

Even for suspensions under 10 days, the school must provide you with written notice of the suspension. This notice should include the reason for the suspension and the length of the suspension. You also have the right to an informal conference with the principal or other school official to discuss the suspension. This is an opportunity to present your side of the story and provide any relevant information.

While an MDR is not required for suspensions totaling 10 days or less, your child's right to FAPE still exists. This means that even during a short-term suspension, the school should consider whether your child needs continued access to their IEP-mandated services to prevent regression on their goals. Contact the Committee on Special Education (CSE) office to advocate for continued services, such as tutoring or related services, during the suspension period. The phone number for the District 4 CSE is available on the NYC Department of Education website.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical safeguard for students with IEPs facing more significant disciplinary actions. An MDR is required when a student with an IEP is facing a suspension that exceeds 10 cumulative school days in a school year, or when there is a pattern of removals that constitutes a change of placement. A "change of placement" can occur even if the individual suspensions are for fewer than 10 days if the removals create a pattern of exclusion from the student's regular educational setting.

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 team typically includes the parent(s), relevant members of the IEP team, including the student (when appropriate), and school administrators. Your participation is vital to ensure a fair and accurate determination.

The MDR must take place within 10 school days of the decision to change the student's placement due to a violation of a code of student conduct. The team will review all relevant information in the student's file, including the IEP, any evaluations, teacher observations, and information you provide as parents. The team will then address two key 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 IEP?

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for your child's disciplinary process and educational future. 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 the 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 cannot proceed with a long-term suspension (more than 10 days). The student must be returned to their original placement, unless the parents and the school 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. Based on the FBA, the team must develop or revise a behavior intervention plan (BIP) to address the student's behavior. The goal is to prevent similar incidents from occurring in the future by providing appropriate supports and interventions.

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 the 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 may proceed with the disciplinary action, including a long-term suspension.

However, even if the behavior is not a manifestation of the disability, your child is still entitled to a Free Appropriate Public Education (FAPE). This means that the school must provide services that allow your child to continue to participate in the general education curriculum and progress toward their IEP goals during the suspension period. The IEP team must determine what those services will be and where they will be provided.

The 45-Day Interim Alternative Setting

Under certain, very specific circumstances, a school in District 4 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 where the student:

* Carries a weapon to school or possesses a weapon at school, on school premises, or at a school function. * 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. * Has inflicted serious bodily injury upon another person at school, on school premises, or at a school function.

Even in these situations, the school must provide educational 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. You should contact an attorney or advocate experienced in special education law immediately to discuss your options.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a process used to understand why a student is engaging in certain behaviors. It involves gathering information about the student's behavior, including what triggers the behavior, what happens during the behavior, and what consequences follow the behavior. The goal of the FBA is to identify the function of the behavior – what the student is trying to achieve by engaging in the behavior.

Under IDEA, a school district must conduct an FBA when a student's behavior results in a disciplinary action that constitutes a change of placement. However, you don't have to wait for a disciplinary crisis to request an FBA. If you are concerned about your child's behavior, you can request an FBA from the school at any time. It is best to make this request in writing to the school principal and the CSE.

Based on the results of the FBA, the IEP team should develop a Behavior Intervention Plan (BIP). A good BIP should include:

* A clear description of the target behavior(s). * Identification of the triggers and maintaining factors for the behavior. * Specific strategies for preventing the behavior from occurring. * Teaching strategies to help the student learn alternative, more appropriate behaviors. * Consequences for the behavior that are consistent and predictable. * A plan for monitoring and evaluating the effectiveness of the BIP.

The BIP should be individualized to meet your child's specific needs and should be implemented consistently by all staff members who work with your child. As a parent, you should be actively involved in the development and implementation of the BIP.

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

When your child is suspended, it's essential to act quickly to protect their rights. Here's a checklist of things you should do on Day 1:

1. Get the Suspension Notice in Writing: Request a written copy of the suspension notice from the school. 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 this school year. This is crucial for determining when an MDR is required. 3. If Approaching 10 Days, Request MDR in Writing Immediately: If your child is approaching 10 cumulative days of suspension, immediately send a written request to the school principal and the CSE requesting a Manifestation Determination Review (MDR). This will ensure that the MDR is conducted within the required timeframe. 4. Contact the CSE Office to Request Continuation of Services: Contact the District 4 Committee on Special Education (CSE) office to request that your child's IEP services continue during the suspension. Advocate for tutoring, related services, or other supports to prevent regression on their IEP goals. You can find contact information for the District 4 CSE on the NYC Department of Education website. 5. Consult with an Advocate or Attorney: Consider consulting with a special education advocate or attorney to discuss your child's rights and options. They can provide guidance and support throughout the disciplinary process. 6. Escalation: If you believe the school 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). * Expedited Due Process Hearing: If you disagree with the school's decisions regarding discipline 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.

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