Discipline Rights for Students with IEPs in NYC District 17 - Crown Heights

Has your child with an IEP just been suspended in District 17? This guide is designed to give you immediate, actionable steps to protect their rights and ensure they receive the educational support they are entitled to under the law. We understand this is a stressful time, and we're here to help you navigate the process. This page outlines your child's rights, the school's responsibilities, and what you need to do now .

In NYC District 17, which includes Crown Heights, Prospect Lefferts Gardens, and northern Flatbush, students with disabilities have specific protections when it comes to school discipline. These protections are grounded in the Individuals with Disabilities Education Act (IDEA) and New York State Education Law. It's crucial to understand these rights to advocate effectively for your child. Don't assume the school is following all the rules; it's your responsibility to be informed and proactive.

The key principle is that students with IEPs cannot be disciplined in the same way as general education students if their behavior is related to their disability. The school must determine whether the behavior is a manifestation of your child's disability before imposing certain disciplinary measures. This is done through a process called a Manifestation Determination Review (MDR).

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 academic year without triggering a formal Manifestation Determination Review (MDR). This means the school can issue short suspensions without automatically convening an MDR team.

However, even for suspensions under 10 days, the school must still follow certain procedures. New York Education Law §3214 requires that you be notified of the suspension and the reasons for it. For suspensions of five days or fewer, the notice must be provided as soon as practicable. For suspensions exceeding five days, you are entitled to a superintendent's hearing, which includes due process protections like the right to present evidence and question witnesses. Contact the District 17 administration to confirm their specific procedures for short-term suspensions and parental notification.

It's important to track the number of days your child has been suspended throughout the school year. Keep a record of each suspension, the dates, and the reasons given by the school. If your child is approaching the 10-day limit, it's time to be extra vigilant. Even if an MDR is not required at this point, you can still advocate for one, especially if you believe the behavior is related to your child's disability. Furthermore, even during short-term suspensions, your child is still entitled to Free Appropriate Public Education (FAPE). This means the school should provide services to allow your child to continue to make progress on their IEP goals, even while suspended. This could include homework assignments, tutoring, or other supports.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP faces a suspension that will result in a change of placement. This happens in two main scenarios:

• Suspension Exceeding 10 School Days: If your child is suspended for more than 10 cumulative school days in a school year, an MDR must be conducted. This is regardless of whether the suspensions are consecutive or spread out over time. * Pattern of Removals: Even if no single suspension exceeds 10 days, a series of shorter suspensions that constitute a "pattern" of exclusion can also trigger the need for an MDR. Factors that contribute to determining a pattern include the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another. If the school is repeatedly suspending your child for short periods, and you believe this is creating a pattern of exclusion, you should demand an MDR.

The purpose of the MDR is to determine whether the student's behavior is related to their disability. The MDR team typically includes the parent(s), relevant members of the IEP team (such as teachers, special education staff, and related service providers), and a representative of the school district.

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

The MDR must be conducted within 10 school days of the decision to change the student's placement due to a violation of the code of conduct. This timeline is crucial, so make sure the school adheres to it. If the school fails to conduct the MDR within the required timeframe, you have grounds to challenge the suspension.

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:

1. Behavior IS a Manifestation of the Disability:

If the MDR team determines that the student's behavior was caused by or substantially related to their disability, or that it was a direct result of the district's failure to implement the IEP, then the behavior is considered a manifestation of the disability. In this case, the school district cannot proceed with a long-term suspension (i.e., any suspension beyond the initial 10 cumulative days).

Instead, the school must take the following steps:

• Return the student to their original placement: The student must be immediately returned to the placement they were in before the suspension, unless the parents and the school agree to a change of placement as part of the IEP process. * Conduct a Functional Behavior Assessment (FBA), if one has not already been conducted: An FBA is a process of gathering information to understand the function or purpose of the student's behavior. * Develop or revise a Behavior Intervention Plan (BIP): A BIP is a plan that outlines strategies and supports to address the student's behavior and prevent future occurrences. The BIP should be based on the findings of the FBA. * Review and revise the IEP: The IEP team must review the student's IEP to ensure that it is appropriately addressing their needs and providing the necessary supports and services.

2. Behavior is NOT a Manifestation of the Disability:

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

In this case, the school district may proceed with the disciplinary action, including a long-term suspension. However, even if the behavior is not a manifestation, the school district must continue to provide Free Appropriate Public Education (FAPE) to the student during the suspension. This means the student is entitled to services that allow them to continue to participate in the general education curriculum and progress toward their IEP goals. These services may include tutoring, alternative assignments, or other supports.

The 45-Day Interim Alternative Setting

Under 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 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 or a school function.: * Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school or a school function. * Has inflicted serious bodily injury upon another person while 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 when a student is removed to a 45-day interim alternative setting, the school district must continue to provide FAPE. The alternative 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 and supports that will be provided in the alternative setting.

As a parent, you have the right to challenge the decision to place your child in a 45-day interim alternative setting. You can do this by requesting an expedited due process hearing. An expedited hearing is a faster version of a regular due process hearing, designed to resolve the dispute quickly. You should contact an attorney or advocate experienced in special education law to assist you with this process.

FBAs and Behavior Intervention Plans

A Functional Behavior Assessment (FBA) and a Behavior Intervention Plan (BIP) are critical tools for understanding and addressing challenging behaviors in students with IEPs.

An FBA is a systematic process of gathering information to determine the function or purpose of a student's behavior. It seeks to answer the question: "Why is this student engaging in this behavior?" The FBA typically involves:

• Defining the behavior: Clearly and objectively describing the behavior of concern. * Collecting data: Gathering information about the behavior, including when, where, and how often it occurs, as well as the events that precede and follow the behavior. * Identifying the function of the behavior: Determining the reason why the student is engaging in the behavior. Common functions include seeking attention, escaping a task, gaining access to a tangible item, or sensory stimulation.

The school district is required to conduct an FBA if a student's behavior impedes their learning or the learning of others. This is often triggered by repeated disciplinary incidents or a pattern of challenging behaviors.

A Behavior Intervention Plan (BIP) is a plan that outlines strategies and supports to address the student's behavior and prevent future occurrences. The BIP is based on the findings of the FBA and should include:

• Antecedent strategies: Strategies to prevent the behavior from occurring in the first place by modifying the environment or teaching alternative behaviors. * Replacement behaviors: Teaching the student alternative behaviors that serve the same function as the challenging behavior but are more appropriate. * Consequence strategies: Strategies to respond to the behavior when it occurs, including positive reinforcement for appropriate behavior and consequences for inappropriate behavior.

A good BIP should be individualized to the student's needs and should be implemented consistently across all settings.

You, as a parent, have the right to request an FBA proactively, even before a crisis occurs. If you see a pattern of concerning behaviors developing, or if you believe your child's current IEP does not adequately address their behavioral needs, you should submit a written request to the school district for an FBA. The district is required to consider your request and, if they deny it, provide you with a written explanation of their reasons.

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

If your child has just been suspended, here's what you need to do immediately :

1. Get the Suspension Notice in Writing: Demand a written notice of the suspension from the school principal or administrator. This notice should include the specific reasons for the suspension, the length of the suspension, and your rights as a parent. Do not rely on verbal communication alone. 2. Count Cumulative Suspension Days: Keep a running tally of the number of days your child has been suspended during the current school year. This is crucial for determining when an MDR is required. 3. If Approaching 10 Days, Request MDR in Writing: If your child is approaching 10 cumulative days of suspension, immediately send a written request to the school principal and the special education department (CSE) requesting a Manifestation Determination Review (MDR). State clearly that you believe the behavior may be related to your child's disability and that an MDR is legally required. Send this request via certified mail with return receipt requested to have proof of delivery. 4. Contact the CSE Office to Request Continuation of Services: Contact the Committee on Special Education (CSE) office in District 17 and request that your child's educational services continue during the suspension. Under IDEA, your child is entitled to FAPE even while suspended. This may include homework assignments, tutoring, or other supports to help them keep up with their IEP goals. Document the date and time of your call, as well as the name of the person you spoke with. Follow up with an email to create a written record of your request. 5. Escalation: If the school district fails to respond to your requests or refuses to conduct an MDR or provide services, you have several options: * State Complaint to NYSED: You can file a formal complaint with the New York State Education Department (NYSED). NYSED will investigate your complaint and issue a decision. * Expedited Due Process Hearing: You can request an expedited due process hearing to challenge the school district's actions. This is a more formal legal process that involves presenting evidence and arguments to an impartial hearing officer. You should consult with an attorney or advocate experienced in special education law to assist you with this process.

Remember, you are your child's best advocate. Don't be afraid to assert your rights and demand that the school district fulfill its obligations under the law.