Student Discipline Rights in NYC District 12: A Guide for Parents of Students with IEPs

If you're reading this, chances are your child with an IEP in NYC District 12 (Soundview, Unionport, Parkchester, Castle Hill, Clason Point) has just been suspended from school. This can be a stressful and confusing time, but it's important to remember that your child has rights, especially when it comes to discipline. The Individuals with Disabilities Education Act (IDEA) and New York State Education Law provide specific protections for students with IEPs facing disciplinary action. This guide will help you understand those rights and take the necessary steps to advocate for your child.

This page provides actionable information to help you navigate the disciplinary process, understand Manifestation Determination Reviews (MDRs), and assert your child's due process rights within District 12. Remember, you are not alone, and understanding your child's rights is the first step in ensuring they receive a fair and appropriate education.

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, and different rules apply to each. Generally, a suspension of five days or fewer allows the principal to make the decision, while longer suspensions require a superintendent's hearing.

For students with IEPs, a key concept is the "10-day rule." Your child can be suspended 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 fewer, the school district doesn't necessarily have to conduct an MDR.

However, even during these short-term suspensions, your child's right to a Free Appropriate Public Education (FAPE) should still be considered. While the district isn't required to hold an MDR, they should consider whether your child needs continued services to make progress on their IEP goals, even during a short suspension. Contact the Committee on Special Education (CSE) to discuss this.

It's also important to know that even for short-term suspensions, the school is required to provide you with written notice of the suspension. This notice should explain the reasons for the suspension and your child's right to an informal conference with the principal or other school official. Make sure you receive this notice and understand the reasons for the suspension.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical process that determines whether a student's behavior leading to a suspension is related to their disability. It's triggered when a student with an IEP faces a "change of placement" due to disciplinary reasons. According to federal regulations (34 CFR §300.536), a change of placement occurs when:

* The suspension is for more than 10 consecutive school days; or * The student is subjected to a pattern of suspensions that total more than 10 school days in a school year.

A "pattern of suspensions" isn't just about the total number of days. The district must also consider factors like the length of each suspension, the total amount of time the student is removed from school, and how close the suspensions are to each other. If District 12 determines that a pattern exists, it constitutes a change of placement, triggering the need for an MDR.

The MDR meeting must include the following participants:

* A representative of the school district (e.g., principal, assistant principal, special education administrator) * You, the parent(s)/guardian(s) of the student * Relevant members of the IEP team, as determined by you and the district. This should include individuals who have direct knowledge of your child's behavior and disability, such as teachers, therapists, and counselors.

During the MDR, the team will review all relevant information in your child's file, including:

* Your child's IEP * Teacher observations * Any relevant information you provide

The team will then answer two crucial questions:

1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, your child's disability? 2. Was the conduct in question the direct result of the school district's failure to implement your child's 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 strict timeline, so it's important to act quickly if your child is facing a suspension that could trigger an MDR.

The Two MDR Outcomes

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

1. Behavior IS a Manifestation of the Disability:

If the MDR team answers "yes" to either of the two questions (i.e., the behavior was caused by the disability or resulted from the district's failure to implement the IEP), the behavior is considered a manifestation of the disability. In this case, the district cannot proceed with a long-term suspension (more than 10 days).

The district must take the following steps:

• Return your child to their original placement immediately: , unless you and the district agree to a change of placement as part of the IEP process. * Conduct a Functional Behavioral Assessment (FBA) , unless one has already been conducted. An FBA helps identify the triggers and functions of your child's behavior. * Review and revise your child's Behavior Intervention Plan (BIP) , or create one if it doesn't already exist. The BIP should address the problematic behavior and provide strategies for preventing it in the future.

2. Behavior is NOT a Manifestation of the Disability:

If the MDR team answers "no" to both questions, the behavior is not considered a manifestation of the disability. In this case, the district may proceed with the disciplinary action, including a long-term suspension.

However, even if the behavior is not a manifestation, your child is still entitled to a Free Appropriate Public Education (FAPE). This means that the district 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 will determine what those services will look like.

It's important to remember that you have the right to challenge the outcome of the MDR if you disagree with the team's decision. You can do this by requesting an expedited due process hearing.

The 45-Day Interim Alternative Setting

In very specific and serious situations, 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 disability. These situations are limited to:

* The student possesses a weapon at school or a school function. * The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school or a school function. * The student has inflicted serious bodily injury upon another person at school or 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 in these situations, your child's right to FAPE remains. The district must provide services that enable your child to continue to participate in the general education curriculum and progress toward their IEP goals, even while in the interim alternative setting. The IEP team will determine the appropriate services.

If you disagree with the district's decision to place your child in an interim alternative setting, you have the right to challenge it through an expedited due process hearing. This hearing will be conducted quickly to resolve the issue as soon as possible.

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, functions, and consequences of the behavior to develop a comprehensive understanding of what's driving it.

An FBA is required when:

* A student's behavior impedes their learning or the learning of others. * The student is facing disciplinary action that could result in a change of placement.

However, you don't have to wait for a crisis to request an FBA. If you believe your child is exhibiting behaviors that are interfering with their education, you can proactively request an FBA from the district. Put your request in writing to the CSE.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. It outlines specific strategies and interventions to address the problematic behavior and teach the student more appropriate ways to behave.

A good BIP should include:

* A clear description of the target behavior * Identification of the triggers and functions of the behavior * Specific strategies for preventing the behavior * Positive reinforcement strategies to reward desired behaviors * Strategies for responding to the behavior when it occurs * A plan for monitoring and evaluating the effectiveness of the BIP

As a parent, you should be actively involved in the development of the FBA and BIP. Your insights into your child's behavior are invaluable. Make sure you understand the plan and are comfortable with the strategies being used.

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. This notice should include the reasons for the suspension, the length of the suspension, and your child's rights. 2. Count the cumulative suspension days for the school year. Keep track of how many days your child has been suspended so far this year. 3. If your child is approaching 10 cumulative suspension days, request an MDR in writing immediately. Send a letter or email to the principal and the CSE requesting an MDR if the current suspension, combined with previous suspensions, will exceed 10 days. 4. Contact the CSE office to request continuation of services. Even during a suspension, your child is entitled to FAPE. Contact the CSE to discuss how your child will continue to receive services and make progress on their IEP goals. 5. Consider escalating the issue if necessary. If you believe the district is violating your child's rights, you have several options:

• File a State Complaint with the New York State Education Department (NYSED).: This is a formal complaint process that can investigate and resolve violations of IDEA. * Request an expedited due process hearing. This is a more formal legal process that can be used to challenge the district's decisions.

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