Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 14: What to Do When Your Child Is Suspended

If your child with an IEP in Williamsburg's District 14 has been suspended, you're likely feeling overwhelmed and unsure of what to do next. This page is designed to provide you with immediate, actionable steps and a clear understanding of your child's rights under the law. The Individuals with Disabilities Education Act (IDEA) and New York State Education Law offer specific protections for students with disabilities facing disciplinary action, and it's crucial to understand these protections to ensure your child receives a fair and appropriate education. This guide will walk you through the process, explain key concepts like Manifestation Determination Reviews (MDRs), and provide a checklist of what to do right away.

Remember, a suspension can have a significant impact on your child's education and well-being. Don't hesitate to advocate strongly for their rights. If you feel the school isn't listening, consider contacting an attorney specializing in special education law or a parent advocacy organization for assistance. You are not alone in this process.

Short-Term Suspensions: The 10-Day Rule

New York Education Law §3214 governs student suspensions in New York State. It's important to understand the "10-day rule" because it triggers different requirements for the school district. 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 the school can impose short-term suspensions for disciplinary reasons without automatically convening the IEP team to determine if the behavior is related to your child's disability.

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 provide services during suspensions totaling less than 10 days, it's best practice, and you can advocate for it. If your child is missing significant instruction, even due to short suspensions, it can impede their progress on their IEP goals. Contact the school and your child's special education teacher to discuss ways to ensure your child continues to access their education, even while suspended. This could include providing homework assignments, access to online learning materials, or alternative learning activities.

For any suspension, even a short-term one, the school is required to provide you with written notice. This notice should clearly state the reason for the suspension, the length of 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 carefully review it. If the notice is unclear or you disagree with the reasons for the suspension, request a meeting with the school to discuss the matter further. Keep a record of all suspension notices and any communication with the school regarding the suspension.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical safeguard for students with IEPs facing disciplinary action. It is required when a student with an IEP is facing a suspension that exceeds 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 a student to a different school; it refers to any disciplinary action that significantly alters a student's educational experience. The key question is whether the series of suspensions creates a pattern of exclusion from the student's regular educational setting.

The purpose of the MDR is to determine whether the student's behavior that led to the suspension 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 student's IEP. The MDR process involves the IEP team, which must include you (the parent or guardian), relevant school personnel (such as the special education teacher, general education teacher, school psychologist, and an administrator), and, when appropriate, the student themselves.

The MDR meeting must be held within 10 school days of the decision to change the student's placement due to a violation of the code of conduct. During the MDR, the team will review all relevant information, including the student's IEP, any evaluations or re-evaluations, and observations of the student. The team will 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?

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

The Two MDR Outcomes

The outcome of the Manifestation Determination Review has significant implications for how the school can proceed with disciplinary action. If the IEP team determines that the student's behavior is a manifestation of their disability, the school cannot proceed with a long-term suspension (more than 10 days) or expulsion. Instead, the student must be returned to their current placement, unless the parents and the school agree to a change of placement as part of the IEP review.

Furthermore, when behavior is a manifestation, the IEP team must conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted. An FBA is a process of identifying the triggers and functions of the student's 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 strategies and supports to help the student learn appropriate behaviors and prevent future disciplinary issues.

If, on the other hand, the IEP team determines that the student's behavior is not a manifestation of their disability, the school may proceed with the disciplinary action, including a long-term suspension or expulsion. However, even in this case, the school must continue to provide the student with a Free Appropriate Public Education (FAPE). This means the student is entitled to receive services that allow them to continue to participate in the general education curriculum and progress toward their IEP goals, even while suspended. The IEP team must determine what those services will look like during the suspension period.

The 45-Day Interim Alternative Setting

There are limited circumstances under which 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:

* 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.

Even when a student is placed in an interim alternative educational setting for these reasons, the school district must continue to provide FAPE. This means the student is entitled to receive services that enable them to continue to participate in the general education curriculum and progress toward their IEP goals. The IEP team will determine 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 by requesting an expedited due process hearing. This is a faster process than a regular due process hearing, and it is designed to resolve disputes quickly in order to minimize the disruption to the student's education. You should consult with an attorney or advocate to understand your rights and options in this situation.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a critical tool for understanding and addressing challenging behaviors in students with IEPs. An FBA is a process of gathering information about the student's behavior, including what triggers the behavior, what happens during the behavior, and what consequences follow the behavior. The goal of the FBA is to identify the function of the behavior – in other words, what the student is trying to achieve by engaging in the behavior.

The school district is required to conduct an FBA when a student's behavior impedes their learning or the learning of others, or when the student is facing disciplinary action that could result in a suspension of more than 10 days. However, you, as a parent, can also request an FBA proactively, even if your child is not facing disciplinary action. If you believe your child is exhibiting challenging behaviors that are interfering with their education, you have the right to request an FBA in writing.

Based on the findings of the FBA, the IEP team should develop a Behavior Intervention Plan (BIP). A good BIP should include:

* A clear description of the target behavior. * Identification of the triggers and functions of the behavior. * Strategies for preventing the behavior from occurring. * Teaching strategies to help the student learn appropriate replacement behaviors. * Consequences for the behavior that are consistent and predictable. * A plan for monitoring and evaluating the effectiveness of the BIP.

The BIP should be individualized to meet the specific needs of the student. It should be implemented consistently across all settings, including at home and at school. You, as a parent, should be actively involved in the development and implementation of the BIP.

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

When your child is suspended, it's crucial to act quickly and strategically to protect their rights. Here's a checklist of what to do 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 right to an informal conference. 2. Count Cumulative Suspension Days: Keep track of the number of days your child has been suspended this school year . If the current suspension brings the total to more than 10 days, or if you believe a pattern of suspensions is emerging, it's time to take immediate action. 3. Request an MDR in Writing (If Applicable): If your child is approaching or has exceeded 10 cumulative days of suspension, immediately request a Manifestation Determination Review (MDR) in writing from the school principal and the Committee on Special Education (CSE). Clearly state that you are requesting an MDR due to the number of suspension days and your concern that the behavior may be related to your child's disability or the implementation of their IEP. 4. Contact the CSE Office: Contact the District 14 CSE office to inform them of the suspension and your request for an MDR. Inquire about the process for continuing services during the suspension. Advocate for your child to receive appropriate educational services, such as tutoring, homework assignments, or access to online learning materials, to ensure they continue to make progress on their IEP goals. Contact the District 14 CSE at (718) 963-3704 to confirm the correct contact information and procedures. 5. Escalate If Necessary: If the school is unresponsive or you believe your child's rights are being violated, consider the following escalation steps: * State Complaint to NYSED: File a formal complaint with the New York State Education Department (NYSED). This is a written complaint alleging that the school district has violated the IDEA or other special education laws. * Expedited Due Process Hearing: Request an expedited due process hearing to challenge the school's decision to suspend your child or to dispute the findings of the MDR. This is a more formal legal process that involves presenting evidence and arguments to an impartial hearing officer. 6. Consult with an Advocate or Attorney: Consider seeking assistance from a special education advocate or attorney. They can provide you with legal advice, represent you at meetings, and help you navigate the complex special education system.

Remember, time is of the essence when your child is suspended. By taking these steps promptly, you can protect your child's rights and ensure they receive the appropriate education and support.