Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 6 - Washington Heights

Has your child with an IEP just been suspended in District 6? It's a stressful situation, but understanding your rights is the first step in protecting your child's education. This page provides a clear, actionable guide to navigating student discipline, Manifestation Determination Reviews (MDRs), and your due process rights within the district, which includes Washington Heights, Inwood, and Marble Hill. We'll focus on what you need to do now to advocate for your child.

New York Education Law Section 3214 governs suspensions in New York State. It outlines the reasons for suspension, the length of suspensions, and the procedures schools must follow. A key concept to understand is the difference between short-term and long-term suspensions, especially as they relate to students with IEPs. Remember, your child has the right to a Free and Appropriate Public Education (FAPE), and that right doesn't disappear during a suspension.

Short-Term Suspensions: The 10-Day Rule

In New York, a student 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 that if your child has received several short suspensions that add up to 10 days or less in total during the school year, the school district isn't automatically required to conduct an MDR.

However, even for short-term suspensions, the school must still follow certain procedures. According to NY Education Law 3214, you, as the parent or guardian, must be notified of the suspension. The school should provide you with information about the reasons for the suspension and an opportunity for your child to be heard. This usually involves an informal conference with the principal or another school administrator where your child can explain their side of the story.

It's crucial to keep track of the number of days your child has been suspended throughout the school year. If you feel that even short-term suspensions are becoming a pattern or are impacting your child's ability to access their education, you have the right to advocate for additional supports or interventions. Even though an MDR isn't required for suspensions totaling 10 days or less, you can still request a review of your child's IEP and behavior plan (if they have one) to address the underlying causes of the behavior. Contact the District 6 Committee on Special Education (CSE) to discuss your concerns.

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 a student has been suspended for more than 10 cumulative school days in a school year, or when a series of shorter suspensions creates a pattern that constitutes a change of placement. A "change of placement" isn't just about physically moving the student; it's about any disciplinary action that significantly alters the student's access to their educational program.

The purpose of the MDR is to determine if the student's behavior that led to the suspension was caused by, or had a direct and substantial relationship to, their disability, or if the behavior was a direct result of the school district'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, and other qualified personnel who have knowledge of the child and their disability. The student may also attend, when appropriate.

During the MDR, the team will review all relevant information, including the student's IEP, any behavior intervention plans (BIPs), evaluations, and observations. The team will then address two critical questions:

1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability? 2. Was the conduct in question the direct result of the school district's failure to implement the IEP?

The MDR must occur within 10 school days of the decision to change the student's placement due to a disciplinary action. This is a critical timeline, so it's important to act quickly if your child is facing a suspension that will exceed 10 days. If you believe your child's behavior is related to their disability, immediately notify the school in writing that you are requesting an MDR.

The Two MDR Outcomes

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

**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 school district cannot proceed with a long-term suspension (beyond the 10-day limit).

Instead, the student must be returned to their original placement, unless you and the school district agree to a change of placement as part of the IEP process. The IEP team must also conduct a functional behavioral assessment (FBA), unless one has already been conducted, and implement or revise a behavior intervention plan (BIP) to address the behavior. The focus shifts from punishment to understanding and addressing the underlying causes of the behavior.

**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 school district may proceed with the disciplinary action, including a long-term suspension. However, even if the suspension is deemed appropriate, the district must continue to provide Free and Appropriate Public Education (FAPE) to the student during the suspension. This means that the student is entitled to services that allow them to continue to participate in the general education curriculum and progress toward their IEP goals. The specific services provided will depend on the length of the suspension and the student's individual needs, but could include tutoring, alternative assignments, or other supports.

The 45-Day Interim Alternative Setting

There are specific, limited circumstances where 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 involve particularly serious offenses:

• Weapons: If the student carries a weapon to school or possesses a weapon at school. * Drugs: If the student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school or a school function. * Serious Bodily Injury: If 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 set out in the student's IEP. The interim alternative educational setting must be chosen so that the student can 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 the decision through an expedited due process hearing. This is a faster process than a regular due process hearing, and it is designed to resolve disputes quickly so that the student's education is not disrupted for an extended period. Contact an attorney or advocate immediately to discuss your options.

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 looks at what happens before, during, and after the behavior to understand what triggers it and what reinforces it. The goal is to understand why the student is engaging in the behavior so that appropriate interventions can be developed.

The school district is required to conduct an FBA if a student's behavior impedes their learning or the learning of others. This is especially important for students with IEPs, as their disability may contribute to their behavior.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. The BIP outlines specific strategies and interventions to address the student's behavior. 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, providing accommodations, or teaching the student coping skills. * Replacement Behaviors: What alternative behaviors can the student use instead of the problem behavior? The BIP should teach and reinforce these replacement behaviors. * Consequence Strategies: How will the school respond when the problem behavior occurs? This should focus on positive reinforcement for desired behaviors and consistent, non-punitive responses to the problem behavior. * Data Collection: How will the school track the student's progress and determine if the BIP is effective?

You, as the parent, have the right to request an FBA proactively, before a crisis occurs. If you see a pattern of behavior that is concerning, or if you believe that your child's current IEP does not adequately address their behavioral needs, put your request in writing to the school principal and the CSE. Don't wait for a suspension to happen; taking proactive steps can prevent problems down the road.

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

If your child has been suspended, here's what you should do immediately :

1. Get the Suspension Notice in Writing: Request a written copy of the suspension notice from the school. This notice should include the specific charges against your child, 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: If your child's suspension brings them close to or over the 10-day cumulative limit, immediately send a written request to the school principal and the CSE for a Manifestation Determination Review. State clearly that you believe the behavior may be related to your child's disability. 4. Contact the CSE Office: Contact the District 6 Committee on Special Education (CSE) office to request a meeting to discuss the suspension and ensure the continuation of services during the suspension. Emphasize your child's right to FAPE, even while suspended. Ask what specific services will be provided to allow your child to continue to make progress on their IEP goals. Contact the District 6 CSE at (212) 342-8523 to confirm their specific procedures. 5. Escalate If Necessary: If you are not satisfied with the school district's response, you have the right to file a State Complaint with the New York State Education Department (NYSED). You also have the right to request an expedited due process hearing to challenge the suspension or the district's failure to provide FAPE. These are more formal processes, and it's highly recommended that you seek legal advice or advocacy support.

Remember, you are your child's best advocate. By understanding your rights and taking prompt action, you can help ensure that your child receives the support and services they need to succeed, even during challenging times.