Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs — NYC District 21 - Coney Island

Has your child with an IEP in NYC District 21 (Coney Island, Gravesend, Sheepshead Bay, Brighton Beach, and south Midwood) just been suspended? It's a stressful situation, but understanding your child's rights is the first step. This page provides a clear, actionable guide to navigating the discipline process, focusing on the protections available to students with disabilities under the Individuals with Disabilities Education Act (IDEA) and New York State Education Law. We'll walk you through the steps you need to take, starting today, to ensure your child's rights are protected and their education continues.

The NYC Department of Education (DOE) has a Discipline Code that outlines expected student behavior and consequences for violations. However, for students with IEPs, federal and state laws provide extra layers of protection. These protections are designed to prevent students from being unfairly punished for behaviors that are related to their disability or the district's failure to properly implement their IEP. This guide will focus on suspensions and the crucial role of Manifestation Determination Reviews (MDRs) in ensuring fair treatment for your child.

Remember, you are not alone. Many parents in District 21 have faced similar challenges. This guide is designed to empower you with the knowledge and tools you need to advocate effectively for your child.

Short-Term Suspensions: The 10-Day Rule

The "10-day rule" is a critical concept in special education discipline. Under IDEA, a school district can suspend a student with an IEP 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 district doesn't automatically have to determine whether the behavior was related to their disability.

However, even for suspensions under 10 days, your child's right to a Free Appropriate Public Education (FAPE) still applies. The district should consider whether services are needed to ensure your child continues to make progress on their IEP goals, even during a short suspension. Contact the Committee on Special Education (CSE) office in District 21 to discuss whether your child needs continued services during the suspension. You can find contact information for the District 21 CSE on the NYC DOE website.

It's also important to know your rights regarding notification of a short-term suspension. New York Education Law Section 3214 outlines the requirements for suspending a student. For suspensions of five days or less, the school must provide you with written notice of the suspension and the reasons for it. You also have the right to request an informal conference with the principal or other school official to discuss the suspension. For suspensions exceeding five days, the law requires a superintendent's hearing with more formal due process protections.

Keep careful track of the number of days your child has been suspended throughout the school year. This will help you determine when the 10-day threshold is approaching and when an MDR is required.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP faces a suspension that exceeds 10 cumulative school days in a school year, or when there is a "pattern of exclusion" even if no single suspension exceeds 10 days. A "pattern of exclusion" is determined by the IEP team, considering factors like the length of each removal, how close the removals are to each other, and the total time the student is removed from school. Frequent short suspensions for similar behaviors could be considered a pattern.

When an MDR is triggered, it's considered a change of placement. This means the IEP team must meet to determine whether the student's behavior was caused by or directly related to their disability, or whether it was a direct result of the district's failure to implement the student's IEP.

The MDR meeting must be held within 10 school days of the decision to change the student's placement (i.e., suspend them long-term). The meeting typically includes you (the parent), representatives from the school district (including someone knowledgeable about the child and their IEP), and relevant members of the IEP team. You have the right to bring anyone you choose to the meeting, such as an advocate or attorney.

During the MDR meeting, the team will review the student's IEP, relevant evaluations and diagnostic results, and any information you provide. The team will then answer two critical 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 district's failure to implement the IEP?

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

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for your child's discipline and educational placement. There are two possible outcomes: the behavior is a manifestation of the disability, or the behavior is not a manifestation of the disability.

**Outcome 1: Behavior Is a Manifestation**

If the MDR team determines that the behavior is a manifestation of your child's disability (i.e., the answer to either of the two MDR questions is "yes"), the district cannot proceed with a long-term suspension. Instead, the student must be returned to their current placement (unless you and the district agree to a change of placement as part of the IEP process).

Furthermore, the district is required to conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted. Based on the FBA, the IEP team must develop or revise a Behavior Intervention Plan (BIP) to address the problematic behavior. The goal is to identify the function of the behavior (what the student is trying to achieve) and teach them more appropriate ways to meet their needs.

**Outcome 2: Behavior Is Not a Manifestation**

If the MDR team determines that the behavior is not a manifestation of your child's disability (i.e., the answer to both MDR questions is "no"), the district may proceed with the disciplinary action, including a long-term suspension. However, even if the suspension is deemed appropriate, your child is still entitled to a Free Appropriate Public Education (FAPE). This means 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. Contact the District 21 CSE office to ensure these services are in place.

It is crucial 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 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 their 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, while at school. * Has inflicted serious bodily injury upon another person while at school.

"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, the district must provide services that enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student's IEP. The interim alternative educational setting should be designed to address the student's behavioral needs and prevent the behavior from recurring.

If you disagree with the district'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 hearing is designed to resolve the dispute quickly and ensure that your child's rights are protected.

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, during, and after the behavior to understand its function – what the student is trying to achieve by engaging in that behavior. This could be to gain attention, escape a task, or meet a sensory need.

Under IDEA, a school district is required to conduct an FBA when a student's behavior impedes their learning or the learning of others. This is particularly important when a student is facing disciplinary action, as the FBA can help determine whether the behavior is related to their disability.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. A good BIP should include:

* A clear description of the target behavior. * Identification of the triggers and maintaining factors for the behavior. * Specific strategies to prevent the behavior from occurring. * Teaching replacement behaviors that serve the same function as the challenging behavior. * Consequences for the behavior that are consistent and predictable. * A plan for monitoring and evaluating the effectiveness of the BIP.

As a parent, you have the right to request an FBA for your child, even if they are not currently facing disciplinary action. If you believe your child's behavior is interfering with their learning, or if you are concerned about potential disciplinary issues in the future, proactively requesting an FBA can be a valuable step. Put your request in writing to the school principal and the CSE.

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

When your child is suspended, it's crucial to act quickly to protect their rights. Here's a checklist of steps to take on Day 1:

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 rights as a parent. 2. Count Cumulative Suspension Days: Keep track of the number of days your child has been suspended this school year. This will help you determine when the 10-day threshold for an MDR is approaching. 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 CSE for a Manifestation Determination Review (MDR). This will ensure the process starts promptly once the threshold is reached. 4. Contact the CSE Office: Contact the District 21 Committee on Special Education (CSE) office to request continuation of services during the suspension. Even for short-term suspensions, your child is entitled to services that allow them to continue to make progress on their IEP goals. You can find contact information for the District 21 CSE on the NYC DOE website. 5. Document Everything: Keep copies of all correspondence, including the suspension notice, your request for an MDR, and any communication with the school or CSE. 6. Consider Seeking Legal Advice: If you are unsure about your child's rights or the disciplinary process, consider consulting with an attorney or advocate specializing in special education law. 7. Escalation: If you believe the district is violating your child's rights, you have several options for escalation: * State Complaint to NYSED: You can file a formal complaint with the New York State Education Department (NYSED) if you believe the district has violated IDEA. * Expedited Due Process Hearing: You have the right to request an expedited due process hearing to challenge the district's decisions regarding your child's discipline or IEP.

Remember, you are your child's best advocate. By understanding their rights and taking prompt action, you can help ensure they receive a fair and appropriate education.