Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 8 - Throgs Neck

Has your child with an IEP in NYC District 8 (Throgs Neck, Pelham Bay, Country Club, City Island, Co-op City) just been suspended? It's a stressful situation, but understanding your child's rights is the first step to ensuring they receive the appropriate support and a fair educational experience. This page provides actionable information about discipline procedures for students with IEPs in New York City, with a focus on your rights during suspensions and Manifestation Determination Reviews (MDRs). We'll walk you through what to do right now and how to advocate for your child's needs.

Remember, a suspension doesn't have to derail your child's education. The law provides specific protections for students with disabilities, and you have the right to ensure those protections are followed. This guide will help you navigate the process and advocate effectively for your child.

Short-Term Suspensions: The 10-Day Rule

New York State Education Law §3214 governs student suspensions. The "10-day rule" is a critical concept to understand. Your child can be suspended 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 multiple short suspensions that add up to 10 days or less, the school district is not legally required to conduct an MDR.

However, even during these short-term suspensions, your child's right to a Free and Appropriate Public Education (FAPE) may still be relevant. While the district isn't obligated to hold an MDR, you should still advocate for continued services, especially if the suspension is for a significant portion of those 10 days. Contact the Committee on Special Education (CSE) office in District 8 to discuss whether your child can receive tutoring, make-up work, or other support to keep them on track with their IEP goals during the suspension.

It's also important to know that even for short-term suspensions, the school must provide you with written notice of the suspension. This notice should clearly state the reason for the suspension and the length of the suspension. New York Education Law §3214 outlines the specific notice requirements, so make sure the school is adhering to these rules. If you believe the suspension is unwarranted or violates your child's rights, you can still challenge it, even if it's for fewer than 10 days.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP faces a suspension exceeding 10 school days in a school year. This can be a single suspension of more than 10 days, or a series of shorter suspensions that, when added together, total more than 10 days and constitute a pattern of exclusion. A "pattern" is often determined by the frequency and length of suspensions, and how closely they relate to the student's disability. If the suspensions create a significant change of placement, an MDR is also required.

The purpose of the MDR is to determine if the student's behavior that led to the suspension was caused by, or directly and substantially related to, their disability, or if the behavior was a direct result of the school district’s failure to implement the student's Individualized Education Program (IEP).

The MDR meeting must include relevant members of the IEP team, including you as the parent, a representative of the school district (often a special education administrator), your child (when appropriate), and other professionals who have knowledge of the student and their disability. The meeting must be held within 10 school days of the decision to change the student's placement due to a disciplinary action.

During the MDR, the team will review all relevant information, including the student's IEP, any relevant evaluations, observations of the student's behavior, and any 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?

If the answer to either of these questions is "yes," the behavior is considered a manifestation of the student's disability.

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: the behavior is a manifestation of the disability, or the behavior is not a manifestation of the disability.

**Outcome 1: Behavior Is a Manifestation of the Disability**

If the MDR team determines that the behavior is a manifestation of your child's disability, the school district cannot proceed with a long-term suspension (more than 10 days). The district must take immediate steps to address the underlying causes of the behavior. This typically involves the following:

• Return to Placement: Your child must be returned to their original placement (the placement they were in before the suspension), unless you and the school district agree to a change of placement as part of the IEP process. * Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP): If an FBA has not already been conducted, the district must conduct one. The FBA will help identify the triggers and functions of the behavior. If a BIP is already in place, the team must review and revise it to ensure it effectively addresses the behavior. The BIP should include specific strategies and supports to help your child manage their behavior and prevent future incidents. * IEP Review: The IEP team must review the IEP to ensure it is appropriate and addresses your child's behavioral needs. This may involve adding new goals, accommodations, or modifications to the IEP.

**Outcome 2: Behavior Is Not a Manifestation of the Disability**

If the MDR team determines that the behavior is not a manifestation of your child's disability, the school district may proceed with the disciplinary action, including a suspension exceeding 10 days. However, even in this situation, your child is still entitled to a Free and Appropriate Public Education (FAPE). This means that the district must provide services during the suspension that allow your child to continue to participate in the general education curriculum and progress toward their IEP goals.

The services provided during the suspension may include tutoring, alternative assignments, or other supports. The IEP team must determine the appropriate services based on your child's individual needs. It's crucial to actively participate in this process to ensure your child receives the necessary support to avoid falling behind academically. If you disagree with the MDR outcome, you have the right to challenge it through due process.

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 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" is defined as 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 during a 45-day removal to an interim alternative setting, your child is still entitled to FAPE. The school district must provide services that enable your child to continue to participate in the general education curriculum and progress toward their IEP goals. The IEP team will determine the appropriate services, which may include tutoring, counseling, and other supports.

If you disagree with the decision to place your child in an interim alternative setting, or if you believe the services provided are inadequate, you have the right to challenge the decision through an expedited due process hearing. An expedited hearing is a faster process than a regular due process hearing, and it is designed to resolve disputes quickly in these types of situations.

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 at what happens before the behavior (the antecedents) and what happens after the behavior (the consequences) to understand the function or purpose the behavior serves for the student.

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 when a student is facing disciplinary action. The FBA should be conducted by qualified professionals who have experience in behavior analysis.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. The BIP outlines specific strategies and supports to help the student manage their behavior and prevent future incidents. A good BIP should include:

• Clearly Defined Target Behaviors: The specific behaviors the plan is designed to address should be clearly defined and measurable. * Antecedent Strategies: Strategies to prevent the behavior from occurring in the first place by modifying the environment or teaching the student coping skills. * Replacement Behaviors: Teaching the student alternative, more appropriate behaviors to meet the same need or function as the challenging behavior. * Consequence Strategies: How the school will respond to the behavior, both to reinforce positive behaviors and to address challenging behaviors. * Data Collection: A system for collecting data to track the student's progress and determine if the BIP is effective.

As a parent, you have the right to request an FBA proactively, before a crisis occurs. If you are concerned about your child's behavior, or if you see a pattern developing, don't wait for a suspension to happen. Contact the CSE office in District 8 and request an FBA in writing. Explain your concerns and why you believe an FBA is necessary. A proactive FBA can help identify and address behavioral issues early on, preventing more serious problems down the road.

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

If your child with an IEP has just been suspended in NYC District 8, here's a checklist of immediate actions you should take:

1. Get the Suspension Notice in Writing: Immediately 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 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 when an MDR is required. 3. If Approaching 10 Days, Request an MDR in Writing: If this suspension brings your child close to or over the 10-day threshold for cumulative suspensions, immediately send a written request to the school principal and the CSE office requesting a Manifestation Determination Review (MDR). State clearly that you are requesting an MDR due to the cumulative number of suspension days. 4. Contact the CSE Office to Request Continuation of Services: Contact the Committee on Special Education (CSE) office in District 8 to request that your child's educational services continue during the suspension. Even for short-term suspensions, your child is entitled to services that allow them to continue to make progress on their IEP goals. Discuss options such as tutoring, make-up work, or alternative assignments. 5. Document Everything: Keep a detailed record of all communication with the school, including dates, times, and the names of people you spoke with. Save all emails and letters. 6. Consider Legal Consultation: If you are unsure of your rights or if you believe the school is not following proper procedures, consider consulting with an attorney or advocate specializing in special education law. 7. Escalation Options: If you are not satisfied with the school's response, you have the right to file a complaint with the New York State Education Department (NYSED). You can also request an expedited due process hearing to challenge the suspension or the MDR outcome. Be aware of the timelines for filing these complaints and requests. Contact the appropriate NYSED office for information on how to file a complaint. 8. Attend all meetings: Make sure you attend all meetings regarding your child's suspension and MDR. Be prepared to advocate for your child's rights and needs. Bring copies of your child's IEP, evaluations, and any other relevant documents.

By taking these steps, you can ensure that your child's rights are protected and that they receive the support they need to continue their education during a suspension. Remember, you are your child's best advocate, and your active involvement is crucial to ensuring a fair and appropriate outcome.