Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 10 (Riverdale)

Has your child with an IEP been suspended in District 10? It's a stressful situation, and it's crucial to understand your child's rights. This guide provides actionable information about discipline procedures for students with IEPs in Riverdale and the surrounding areas of District 10, including Kingsbridge, Norwood, Fordham, and Bedford Park. We'll cover Manifestation Determination Reviews (MDRs), suspensions, and your rights under the Individuals with Disabilities Education Act (IDEA) and New York State Education Law. Knowing your rights is the first step in advocating for your child's educational needs.

New York State Education Law Section 3214 governs student suspensions. This law, combined with federal IDEA regulations, provides specific protections for students with disabilities facing disciplinary action. The core principle is that a student should not be punished for behavior caused by their disability or by the school's failure to properly implement their IEP. If you feel either of these is the case, it is critical to act quickly to protect your child's rights.

Short-Term Suspensions: The 10-Day Rule

District 10, like all districts in New York, can suspend a student for up to 10 cumulative school days in a 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 is generally not required to conduct an MDR. However, it's important to keep track of these days yourself.

Even for suspensions under 10 days, your child still has rights. New York Education Law Section 3214 requires the school to provide you with written notice of the suspension, explaining the reasons for the disciplinary action and your child's right to an informal conference with the principal or other school official. This notice should be provided as soon as possible following the suspension.

It's also important to consider whether your child is still receiving Free Appropriate Public Education (FAPE) even during a short-term suspension. While an MDR isn't required for suspensions under 10 days, the district still has an obligation to ensure your child continues to make progress on their IEP goals. Contact the Committee on Special Education (CSE) office to discuss whether services should continue during the suspension, especially if the suspension is for several days.

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 faces a suspension exceeding 10 cumulative school days in a school year, or when there is a pattern of removals that constitute a change of placement. A "change of placement" isn't always clear-cut, but it generally means a significant alteration in your child's educational program or setting. Contact an attorney if you are unsure whether a series of short suspensions constitutes a change of placement.

The purpose of the MDR is to determine whether the student's behavior was caused by their disability or by the school's failure to implement the IEP. The IEP team, including you as the parent, relevant school personnel (such as teachers, counselors, and administrators who are familiar with your child and the circumstances surrounding the behavior), and anyone else you or the school deems relevant, must participate in the MDR. It is critical that the school include people who observed the behavior and those knowledgeable about your child's disability.

During the MDR, the team will review all relevant information, including the student's IEP, any relevant evaluations, and observations of the student's behavior. The team must answer two key 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 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. This is a very tight timeline, so it's important to act quickly if your child is facing a suspension that will trigger an MDR.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review has significant implications for your child's education and disciplinary process. There are two possible outcomes:

1. Behavior IS a Manifestation: If the MDR team determines that the student's behavior was caused by their disability or was a direct result of the school's failure to implement the IEP, the behavior is deemed a "manifestation" of the disability. In this case, the school cannot proceed with a long-term suspension (more than 10 days). The school must immediately return the student to their previous placement, unless you and the school agree to a change of placement as part of the IEP review.

Furthermore, the school must conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted. The FBA will help identify the triggers and functions of the behavior. Based on the FBA, the IEP team must develop or revise a Behavior Intervention Plan (BIP) to address the behavior. The BIP should include positive behavioral strategies and supports to help the student learn appropriate behaviors and prevent future incidents.

2. Behavior is NOT a Manifestation: If the MDR team determines that the student's behavior was not caused by their disability and was not the result of the school's failure to implement the IEP, the school may proceed with disciplinary action, including a long-term suspension. However, even if the behavior is not a manifestation, your child is still entitled to Free Appropriate Public Education (FAPE). This means 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. The IEP team must determine what those services will look like.

If you disagree with the outcome of the MDR, you have the right to challenge the decision through due process. This involves filing a complaint with the New York State Education Department (NYSED) and requesting a hearing before an impartial hearing officer.

The 45-Day Interim Alternative Setting

Under certain, very specific circumstances, a school 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:

* Carries a weapon to school or possesses a weapon at school. * Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school. * Has inflicted serious bodily injury upon another person at school.

"Serious bodily injury" is narrowly defined under the law.

Even in these situations, the school must continue to provide FAPE. The interim alternative educational setting must allow the student to continue to participate in the general education curriculum and progress toward their IEP goals. The IEP team determines the specific services to be provided in the alternative setting.

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 through an expedited due process hearing. This means the hearing will be scheduled and conducted more quickly than a standard due process hearing.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a process used to identify the reasons behind a student's behavior. It looks at what happens before the behavior (antecedents) and what happens after the behavior (consequences) to determine the function the behavior serves for the student. The law requires an FBA when a student's behavior impedes their learning or the learning of others.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. The BIP outlines strategies and supports to help the student learn appropriate behaviors and reduce or eliminate the problem behavior. A good BIP should include:

* Clearly defined target behaviors * Antecedent strategies to prevent the behavior from occurring * Replacement behaviors that serve the same function as the problem behavior * Consequence strategies to reinforce positive behavior and discourage negative behavior * Data collection methods to monitor the effectiveness of the plan

As a parent, you have the right to request an FBA for your child at any time, even if they haven't been suspended. If you believe your child's behavior is interfering with their learning, put your request in writing to the school principal and the CSE. Don't wait for a crisis to occur. Proactively requesting an FBA can help prevent disciplinary issues down the road.

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

If your child has been suspended, here's a checklist of immediate actions you should take:

1. Get the suspension notice in writing: Request a written copy of the suspension notice from the school. This notice should include the reasons 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 immediately: If the current suspension will bring your child's cumulative suspension days to more than 10, immediately send a written request to the school principal and the CSE for a Manifestation Determination Review. Don't delay – the timeline for conducting the MDR is very short. 4. Contact the CSE office to request continuation of services: Even for short-term suspensions, contact the CSE to discuss how your child will continue to receive FAPE during the suspension. Request that services outlined in the IEP continue during the suspension. 5. Document everything: Keep copies of all correspondence, suspension notices, and any other relevant documents. 6. Consider escalation: If you believe the school is violating your child's rights, you have several options: * 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 outcome of the MDR or the school's decision to place your child in an interim alternative educational setting, you can request an expedited due process hearing. 7. Consult with an attorney or advocate: Navigating the special education system and disciplinary procedures can be complex. Consider seeking legal advice or working with a special education advocate to ensure your child's rights are protected. You can contact the Legal Aid Society or Disability Rights New York for assistance.

Remember, you are your child's best advocate. By understanding your child's rights and taking proactive steps, you can help ensure they receive a fair and appropriate education, even in the face of disciplinary action.