Discipline Rights & the Manifestation Determination Review

Student Discipline Rights in NYC District 7: A Guide for Parents

If you're a parent in NYC District 7 (South Bronx) and your child with an IEP 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 information about your child's rights and the steps you can take to advocate for them. District 7 includes neighborhoods like Mott Haven, Melrose, Port Morris, and Hunts Point. Remember, your child's right to a Free and Appropriate Public Education (FAPE) doesn't disappear during a suspension.

The Individuals with Disabilities Education Act (IDEA) and New York State Education Law provide specific protections for students with IEPs facing disciplinary action. It's crucial to understand these protections to ensure your child's educational needs are met, even when they are removed from the classroom. This guide will walk you through the key aspects of discipline, including Manifestation Determination Reviews (MDRs), short-term suspensions, and your rights to challenge the district's decisions.

Short-Term Suspensions: The 10-Day Rule

New York State Education Law §3214 governs student suspensions. The law recognizes a distinction between short-term and long-term suspensions. Short-term suspensions are defined as 10 school days or less. The "10-day rule" is a critical concept to understand. A school district can suspend a student with an IEP for up to 10 cumulative school days in a single school year without triggering a Manifestation Determination Review (MDR). This means that if your child has been suspended for a few days here and there, and the total number of suspension days hasn't exceeded 10, the school is not required to conduct an MDR.

However, even during these short-term suspensions, the school district has a responsibility to ensure your child's educational needs are met. While a formal MDR might not be required, it's important to advocate for continued services, especially if the suspensions are impacting your child's progress on their IEP goals. Contact the Committee on Special Education (CSE) office to discuss how your child's IEP can be implemented during the suspension.

It's also important to be aware of the notice requirements for short-term suspensions under NY Education Law 3214. The school must inform you of the reason for the suspension and give your child an opportunity to explain their actions. For suspensions exceeding five days, the school must schedule a superintendent's hearing, where you have the right to present evidence and witnesses. Even for shorter suspensions, you have the right to request a meeting with school officials to discuss the situation.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical safeguard for students with IEPs facing disciplinary action. An MDR is required when a student with an IEP is facing a suspension that will result in a change of placement. This generally occurs in two situations: (1) when a student is suspended for more than 10 cumulative school days in a school year; or (2) when there is a pattern of removals that, while individually may be less than 10 days, create a pattern that constitutes a change of placement. A "pattern" is fact-specific but consider factors like the length of each removal, the total time the child is removed, and the similarity of the behaviors.

The purpose of the MDR is to determine whether the student's behavior was caused by, or directly and substantially related to, their disability, or whether the behavior was a direct result of the school's failure to implement the IEP. In other words, the team must consider: Did the disability cause the behavior? Or did the school fail to provide the services and supports outlined in the IEP, leading to the behavior?

The MDR meeting must include the school district, the parent(s)/guardian(s), and relevant members of the IEP team. This could include special education teachers, general education teachers, school psychologists, administrators, and, when appropriate, the student. The school is required to conduct the MDR within 10 school days of the decision to change the student's placement due to a disciplinary infraction.

The Two MDR Outcomes

The MDR process will result in one of two possible outcomes, each with significant implications for your child's education. The team will address two key questions: (1) Was the behavior caused by, or did it have a direct and substantial relationship to, the child's disability? (2) Was the behavior a direct result of the district's failure to implement the IEP?

If the answer to either of these questions is "yes," the behavior is considered a manifestation of the student's disability. In this case, the school cannot proceed with a long-term suspension (beyond the initial 10 days). The school must immediately return the student 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 problematic behavior. The focus shifts to understanding the function of the behavior and providing the student with the necessary supports and strategies to prevent it from happening again.

If the answer to both questions is "no," the behavior is not considered a manifestation of the student's disability. In this case, the school may proceed with the disciplinary action, including a suspension. However, even if the suspension is deemed appropriate, the school district must continue to provide FAPE to your child. This means that the school must provide 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 set out in their IEP.

The 45-Day Interim Alternative Setting

Under 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 a manifestation of the student's disability. These circumstances are limited to situations where the student has: (1) carried a weapon to school or possessed a weapon at school; (2) knowingly possessed or used illegal drugs, or sold or solicited the sale of a controlled substance, at school; or (3) inflicted serious bodily injury upon another person at school.

Even in these situations, the school district must provide educational services that enable the student 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 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 this decision by requesting an expedited due process hearing. This is a faster process than a standard 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 understand why a student is engaging in certain behaviors. It looks at the triggers, or antecedents, that precede the behavior, as well as the consequences that follow it. By understanding the function of the behavior (i.e., what the student is trying to achieve through the behavior), the IEP team can develop more effective strategies to address it.

The school district is required to 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 mentioned earlier, if an MDR determines that the student's behavior was a manifestation of their disability, the IEP team must conduct an FBA (unless one has already been conducted).

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. The BIP outlines specific strategies and supports that will be used to address the student's behavior. A good BIP should include: (1) proactive strategies to prevent the behavior from occurring in the first place; (2) teaching strategies to help the student learn alternative, more appropriate behaviors; (3) reinforcement strategies to reward the student for engaging in positive behaviors; and (4) strategies for responding to the behavior when it does occur.

You, as a parent, play a critical role in the development and implementation of the BIP. Your insights into your child's behavior, strengths, and needs are invaluable. Don't hesitate to share your observations and suggestions with the IEP team. Even if your child is not currently facing disciplinary action, you can proactively request an FBA if you are concerned about their behavior. Putting a BIP in place early can prevent problems from escalating and help your child succeed in school. Contact the CSE office to make this request in writing.

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

When you receive notification that your child has been suspended, it's crucial to act quickly and strategically to protect their rights. Here's a checklist of steps to take 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 reason for the suspension, the length of the suspension, and your child's rights.

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 whether an MDR is required.

3. If Approaching 10 Days, Request MDR in Writing: If your child is approaching 10 cumulative days of suspension, immediately send a written request to the school principal and the CSE office requesting a Manifestation Determination Review. This will formally put the school on notice of their obligation to conduct an MDR once the 10-day threshold is reached.

4. Contact CSE Office to Request Continuation of Services: Contact the Committee on Special Education (CSE) office in District 7 to request that your child's educational services continue during the suspension. Emphasize that your child is entitled to FAPE, even while suspended, and that the school must provide services that allow them to continue to progress on their IEP goals.

5. Escalate if Necessary: If the school district is unresponsive or unwilling to fulfill its obligations, you have several options for escalation:

• State Complaint to NYSED: You can file a formal complaint with the New York State Education Department (NYSED). NYSED will investigate your complaint and issue a decision. * Expedited Due Process Hearing: As mentioned earlier, you have the right to request an expedited due process hearing to challenge the school's decision. This is a more formal process than a state complaint, and it involves presenting evidence and witnesses before an impartial hearing officer.

Remember, you are your child's strongest 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, even in the face of disciplinary challenges.