Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 22 - Midwood

Your child has just been suspended from school in District 22. This can be a frightening and confusing time, especially when your child has an Individualized Education Program (IEP). You're likely wondering what your child's rights are, what the school is allowed to do, and how to ensure they continue to receive the education they're entitled to. This page is designed to give you immediate, actionable information about discipline procedures for students with IEPs in District 22, which includes Midwood, Flatlands, Marine Park, Mill Basin, and Georgetown. We'll break down the complex rules and regulations into clear, understandable steps you can take right now.

Remember, your child's IEP provides specific protections when it comes to discipline. The school cannot simply suspend a student with an IEP without considering whether the behavior is related to their disability or the school's failure to properly implement the IEP. This is where the Manifestation Determination Review (MDR) comes in, and we'll explain that process in detail. Don't hesitate to advocate for your child's rights and ensure they receive the support they need to succeed.

Short-Term Suspensions: The 10-Day Rule

New York State Education Law 3214 governs student suspensions. The law distinguishes between short-term and long-term suspensions, and different rules apply to each, especially for students with IEPs. A key concept to understand is the "10-day rule." Your child can be suspended for up to a total of 10 school days in a single academic year without automatically triggering a Manifestation Determination Review (MDR). These days are cumulative, meaning they add up over the course of the year.

However, even for suspensions of less than 10 days, the school district has responsibilities. New York Education Law 3214 requires that parents be given written notice of the suspension. This notice should clearly explain the reasons for the suspension and inform you of your child's right to an informal conference with the principal or other school official. This is your opportunity to present your child's side of the story and discuss the situation.

Importantly, even during a short-term suspension, your child's right to a Free Appropriate Public Education (FAPE) may still apply. If the suspension results in a significant disruption to your child's learning or prevents them from accessing essential services outlined in their IEP, the school district may be required to provide alternative instruction or support to ensure they continue to make progress on their IEP goals. Contact the District 22 Committee on Special Education (CSE) office to discuss whether your child is entitled to services during a short-term suspension.

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 removals that constitute a change of placement. A "change of placement" isn't just about physically moving a student; it refers to a series of suspensions that, taken together, create a significant disruption to the student's education. For example, several short suspensions for similar behaviors could be considered a change of placement, even if no single suspension exceeds 10 days.

The purpose of the MDR is to determine whether the student's behavior that led to the suspension was caused by, or had a direct and substantial relationship to, the student's disability; or whether the behavior was the direct result of the school 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 because of a violation of a code of student conduct. The meeting includes the school district, you (the parent), and relevant members of the IEP team, as determined by you and the district. Relevant members could include the student's special education teacher, general education teacher, school psychologist, or other professionals who have knowledge of the student's disability and behavior.

During the MDR meeting, the team will review all relevant information, including the student's IEP, any teacher observations, and any information provided by you as the parent. 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 student's disability? 2. Was the behavior the direct result of the school district's failure to implement the student's IEP?

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 or substantially related to their disability, or that it was the 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 (beyond the initial 10 days).

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

• Returning the student to their original placement: Unless you and the school agree to a change of placement as part of the IEP process. * Reviewing and revising the Functional Behavioral Assessment (FBA): If an FBA has already been conducted, the team must review it and make any necessary revisions to ensure it accurately identifies the function of the student's behavior. * Developing or revising the Behavior Intervention Plan (BIP): If a BIP is already in place, the team must review and revise it to ensure it effectively addresses the student's behavior and provides appropriate supports and interventions. If a BIP does not exist, the team must develop one.

Outcome 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 the 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 suspension is deemed appropriate, your child is still entitled to a Free Appropriate Public Education (FAPE). This means the school 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. These services could include alternative instruction, tutoring, or other supports.

The 45-Day Interim Alternative Setting

Under federal law (IDEA), there are very limited circumstances in which a school district can unilaterally 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. "Serious bodily injury" is specifically defined under federal law.

Even in these situations, the school district must continue to provide educational 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. This is crucial: your child does not lose their right to FAPE even during a 45-day removal.

If you disagree with the school district'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 version of the standard due process hearing, designed to resolve the dispute quickly.

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 beyond the surface of the behavior to understand what triggers it, what motivates it, and what purpose it serves for the student. The FBA gathers information through observations, interviews, and record reviews to develop a hypothesis about the function of the behavior.

An FBA is crucial for students with IEPs who exhibit challenging behaviors because it helps the school district understand the relationship between the student's disability and their behavior. This understanding is essential for developing effective interventions.

A Behavior Intervention Plan (BIP) is a plan that outlines specific strategies and supports to address a student's challenging behavior. It is based on the findings of the FBA and is designed to teach the student new skills and behaviors to replace the challenging behavior. A good BIP should include:

• Clear and measurable goals: What specific behaviors are being targeted for change? * Antecedent strategies: What can be done to prevent the challenging behavior from occurring in the first place? This might involve modifying the environment, changing instructional strategies, or providing additional supports. * Replacement behaviors: What alternative behaviors can the student learn to use instead of the challenging behavior? * Consequence strategies: How will the school respond when the challenging behavior occurs? This should focus on positive reinforcement for desired behaviors and consistent, non-punitive responses to challenging behaviors. * Data collection methods: How will the school track the student's progress and determine whether the BIP is effective?

You, as a parent, have the right to request an FBA for your child at any time , not just after a disciplinary incident. If you see a pattern of challenging behaviors emerging, or if you believe your child's current IEP does not adequately address their behavioral needs, you should submit a written request for an FBA to the school district. Don't wait for a crisis to occur; proactive intervention is always best.

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

When you receive notice that your child has been suspended, it's important to act quickly and strategically to protect their rights. Here's a checklist of steps you should take on Day 1:

1. Get the suspension notice in writing: Obtain a written copy of the suspension notice from the school. This notice should include the reason for the suspension, the length of the suspension, and your child's rights. 2. Count the cumulative suspension days: Keep track of the number of days your child has been suspended this school year . This is crucial for determining when an MDR is required. 3. If approaching 10 days, request an MDR in writing immediately: If this suspension brings your child close to or over the 10-day threshold, immediately send a written request to the school principal and the CSE office requesting a Manifestation Determination Review (MDR). This request should be sent via certified mail with return receipt requested, or via email with a read receipt, to ensure you have proof of delivery. 4. Contact the CSE office to request continuation of services: Regardless of the length of the suspension, contact the District 22 Committee on Special Education (CSE) office to discuss your child's right to continue receiving services during the suspension. Emphasize the importance of maintaining progress on their IEP goals. 5. Escalate if necessary: If you believe the school 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 school district has violated state or federal special education laws. * Expedited Due Process Hearing: If you disagree with the school district's decision regarding the suspension or the MDR outcome, you can request an expedited due process hearing. This is a more formal legal process where you can present evidence and arguments to an impartial hearing officer.

Remember, you are your child's strongest advocate. Don't be afraid to ask questions, demand answers, and assert your child's rights under the law. Contact the school, CSE, and if needed, an attorney, to ensure your child receives the education and support they deserve.