Discipline Rights for Students with IEPs in NYC District 16 (Bedford-Stuyvesant)

Has your child with an IEP in District 16 just been suspended? This can be a stressful and confusing time, but it's important to know your child's rights and how to advocate for them. This page will guide you through the disciplinary process, focusing on the rights of students with disabilities and the critical role of Manifestation Determination Reviews (MDRs). We'll break down the rules, explain your options, and give you a checklist of what to do right away. Remember, you are your child's best advocate, and understanding these rights is the first step in ensuring they receive a fair and appropriate education.

It's important to be aware that even with policies in place, biases can sometimes influence disciplinary decisions. Stay informed, ask questions, and don't hesitate to challenge decisions that you believe are unfair or not in your child's best interest. Your active involvement is crucial in ensuring your child's rights are protected.

Short-Term Suspensions: The 10-Day Rule

In New York State, schools can suspend a student for up to 10 cumulative school days in a school year without triggering a formal Manifestation Determination Review (MDR). This is often referred to as the "10-day rule." This means that if your child has been suspended for a day here or there, and the total number of suspension days adds up to 10 or fewer, the school is not legally required to conduct an MDR.

However, even during these short-term suspensions, your child's right to a Free Appropriate Public Education (FAPE) still applies. While the school may not be required to hold an MDR, they may still need to provide services to ensure your child continues to make progress on their IEP goals. Contact the Committee on Special Education (CSE) office in District 16 to discuss whether your child is entitled to receive services during a short-term suspension.

New York Education Law Section 3214 outlines the requirements for suspensions. For short-term suspensions, the school must provide you with written notice of the suspension, explaining the reasons for the disciplinary action. This notice should be provided as soon as possible. The notice must include the specific charges against your child and inform you of your right to an informal conference with the principal or other school official where the suspension is being imposed.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP is facing a suspension that exceeds 10 cumulative school days in a school year, or when there is a pattern of removals that constitutes a change of placement. A "change of placement" isn't always clear-cut, but it generally refers to a series of suspensions that, taken together, create a significant disruption to the student's education. Contact the district to confirm how they define "change of placement."

The purpose of the MDR is to determine if the student's behavior that led to the suspension was caused by, or directly related to, their disability, or if it was a direct result of the school's failure to implement the student's IEP.

The MDR meeting must include you (the parent), representatives from the school district (including someone who is knowledgeable about your child and their IEP), and relevant members of your child's IEP team. It's crucial that you attend this meeting and actively participate.

The MDR 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 school district's failure to implement the IEP?

The MDR must occur within 10 school days of the decision to change the student's placement due to a violation of a code of conduct. This timeline is critical, so make sure the school adheres to it.

The Two MDR Outcomes

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

Outcome 1: Behavior IS a Manifestation of the Disability

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 considered a manifestation of the disability. In this case, the school district cannot proceed with a long-term suspension.

Instead, the school must take immediate steps to address the underlying causes of the behavior. This includes:

• Returning the student to their original placement: Unless you and the school agree to a change of placement as part of the resolution. * Reviewing and revising the Functional Behavioral Assessment (FBA): If an FBA already exists, the team must review it to ensure it accurately identifies the triggers and functions of the behavior. * Developing or revising the Behavior Intervention Plan (BIP): The BIP must be tailored to address the specific behaviors and provide strategies for preventing them in the future. The BIP should focus on teaching replacement behaviors and providing positive supports.

Outcome 2: Behavior is NOT a Manifestation of the Disability

If the MDR team determines that the student's behavior was not caused by their disability and was not a direct result of the school's failure to implement the IEP, the behavior is not considered a manifestation of the disability.

In this case, the school district may proceed with the disciplinary action, including a suspension. However, even if the suspension is deemed appropriate, your child is still entitled to a 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. Work with the CSE to determine what services are appropriate for your child's needs.

The 45-Day Interim Alternative Setting

In 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 the outcome of the Manifestation Determination Review (MDR). These circumstances are limited to situations involving:

• Weapons: The student is found to have possessed a weapon at school or a school function. * Drugs: The student is found to have knowingly possessed or used illegal drugs, or sold or solicited the sale of controlled substances, at school or a school function. * Serious Bodily Injury: The student has inflicted serious bodily injury upon another person at school or a school function.

Even in these situations, the school district must provide 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 the student's IEP. The interim alternative educational setting must allow the student to continue to receive FAPE.

If you disagree with the school's decision to place your child in an interim alternative setting, you have the right to challenge the decision through an expedited due process hearing. This is a faster process than a regular due process hearing, designed to resolve the issue quickly. You should consult with an attorney or advocate experienced in special education law to understand your rights and options.

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 triggers) and what happens after the behavior (the consequences) to understand the function the behavior serves for the student.

The school district is required to conduct an FBA when a student's behavior impedes their learning or the learning of others. This is especially important for students with IEPs, as their disability may contribute to their behavior.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. It outlines strategies for preventing the challenging behavior, teaching the student alternative, more appropriate behaviors, and providing positive reinforcement. A good BIP should include:

• Clear and measurable goals: What specific behaviors are being targeted? * Antecedent strategies: How will the environment be modified to prevent the behavior from occurring? * Replacement behaviors: What alternative behaviors will the student be taught to use instead? * Consequence strategies: How will positive behaviors be reinforced? How will challenging behaviors be addressed? * Data collection methods: How will the team track the student's progress?

You don't have to wait for a crisis to request an FBA. If you see your child struggling with behavior at school, you can proactively request an FBA from the school psychologist or CSE. A proactive FBA can help identify potential problems early on and prevent more serious disciplinary issues down the road. Put your request in writing and keep a copy for your records.

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

If your child has just been suspended from school in District 16, here's a checklist of immediate steps you should take:

1. Get the Suspension Notice in Writing: Obtain a written copy of the suspension notice from the school. This notice should include the specific charges against your child, the reason for the suspension, and the length of the suspension.

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 there is a pattern of suspensions, move to step 3 immediately.

3. Request an MDR in Writing (If Applicable): If your child's suspension exceeds 10 cumulative days or you believe a pattern of suspensions is emerging, immediately request a Manifestation Determination Review (MDR) in writing from the school principal and the CSE. State clearly that you are requesting an MDR due to the length/pattern of suspensions. Keep a copy of your request.

4. Contact the CSE Office: Contact the Committee on Special Education (CSE) office in District 16 to discuss your child's suspension and request continuation of services during the suspension. Emphasize your child's right to a Free Appropriate Public Education (FAPE) even while suspended. Ask what specific services will be provided to ensure your child continues to make progress on their IEP goals.

5. Consider Escalation: If you are not satisfied with the school's response or believe your child's rights are being violated, consider the following escalation options:

• State Complaint to NYSED: You can file a formal complaint with the New York State Education Department (NYSED) if you believe the school district has violated state or federal special education laws. * Expedited Due Process Hearing: If you disagree with the school's decision regarding the suspension or the MDR outcome, you have the right to request an expedited due process hearing. This is a more formal legal process where you can present evidence and argue your case before an impartial hearing officer. Consult with an attorney or advocate experienced in special education law to understand your rights and options.

Remember, you are your child's strongest advocate. Don't hesitate to ask questions, demand answers, and fight for their rights.