Discipline Rights & the Manifestation Determination Review

Student Rights & Discipline in District 23: A Parent's Guide

If your child in NYC District 23 (Brownsville, Ocean Hill) has an Individualized Education Program (IEP), understanding their rights during disciplinary actions is essential. A suspension can be a stressful experience, but knowing the rules and procedures the Department of Education must follow can help you advocate effectively for your child. This guide provides information on Manifestation Determination Reviews (MDRs), suspension procedures, Functional Behavior Assessments (FBAs), Behavior Intervention Plans (BIPs), and your due process rights under the Individuals with Disabilities Education Act (IDEA) and New York State Education Law. This information is designed to help you take immediate action to protect your child's rights.

This page is designed to provide you with actionable information if your child with an IEP has been suspended in District 23. We will walk you through the steps you need to take, the questions you need to ask, and the rights your child has under federal and state law. Remember, you are not alone in this process, and understanding your child's rights is the first step in ensuring they receive the appropriate support and education.

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 multiple suspensions that add up to 10 days or less within the school year, the school is generally not required to conduct an MDR. However, it's crucial to track these days carefully, as exceeding this limit triggers additional protections for students with IEPs.

Even for suspensions under 10 days, your child is still entitled to certain rights. New York Education Law §3214 outlines the requirements 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. This conference allows you to present your child's side of the story and discuss the situation.

It's important to remember that even during short-term suspensions, the school district has a responsibility to ensure your child continues to receive Free Appropriate Public Education (FAPE). While a full MDR may not be required, the IEP team should consider whether your child needs continued access to services and supports outlined in their IEP to prevent regression on their goals. Contact the Committee on Special Education (CSE) office in District 23 to discuss how your child's IEP will be implemented during the suspension, even if it's less than 10 days. You can find contact information for the District 23 CSE on the NYC Department of Education website.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP faces a suspension exceeding 10 school days in a school year, or a pattern of removals that constitute a change of placement. A "pattern of removals" can occur when a student is suspended multiple times for similar behaviors, even if each suspension is for a short duration. If these suspensions add up to more than 10 days and the behaviors are substantially similar, it can trigger the need for an MDR. The purpose of the MDR is to determine if the student's behavior is 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 relevant members of the IEP team, including you as the parent, a representative of the school district (often a special education administrator), your child's teacher(s), and any other individuals who have knowledge of the student's disability and the circumstances surrounding the behavior. The student should also be included when appropriate. During the MDR, the team will review the student's IEP, any relevant evaluations and diagnostic results, and observations of the student's behavior. The team will then 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?

The Individuals with Disabilities Education Act (IDEA) requires that the MDR 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 ensure the school adheres to it. If you believe the school is delaying the MDR, put your concerns in writing and send them to the school principal and the District 23 CSE office.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for your child's education and future disciplinary actions. There are two possible outcomes: the behavior is determined to be a manifestation of the student's disability, or it is not.

If the MDR team determines that the student's behavior is a manifestation of their disability (i.e., the answer to either of the two questions is "yes"), the school district cannot proceed with a long-term suspension. Instead, the student must be returned to their previous placement, unless the parents and the school agree to a change of placement as part of the IEP process. The IEP team must also conduct a Functional Behavior Assessment (FBA), if one has not already been conducted, and implement or revise a Behavior Intervention Plan (BIP) to address the behavior. The BIP should include strategies and supports designed to prevent the behavior from recurring. The focus shifts from punishment to understanding and addressing the underlying causes of the behavior.

If the MDR team determines that the student's behavior is not a manifestation of their disability (i.e., the answer to both questions is "no"), the school district may proceed with the disciplinary action, including a suspension. However, even in this case, the district must continue to provide Free Appropriate Public Education (FAPE) to the student. This means that the student must continue to receive services that allow them to participate in the general education curriculum and progress toward their IEP goals during the suspension. Work with the District 23 CSE to ensure your child receives appropriate services during the suspension, such as tutoring, counseling, or alternative assignments.

The 45-Day Interim Alternative Setting

Under certain 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 cases involving:

* Weapons: The student carries a weapon to school or possesses a weapon at school, on school premises, or at a school function. * Drugs: The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school, on school premises, or at a school function. * Serious Bodily Injury: The student has inflicted serious bodily injury upon another person at school, on school premises, or at a school function.

Even when a student is placed in an interim alternative educational setting for up to 45 days, the school district must continue to provide FAPE. This means the student must receive services that enable them to continue to participate in the general education curriculum and progress toward their IEP goals. The IEP team determines the appropriate services and setting, which may include tutoring, counseling, or specialized instruction.

If you disagree with the decision to place your child in an interim alternative educational setting, or if you believe the services being provided are inadequate, 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, and it is designed to resolve disputes quickly. You should contact an attorney or advocate experienced in special education law to assist you with this process. You can also contact the District 23 CSE office to discuss your concerns and explore alternative solutions.

FBAs and Behavior Intervention Plans

A Functional Behavior Assessment (FBA) is a process used to identify the purpose or function of a student's behavior. It involves gathering information about the behavior, including what triggers it, what happens during the behavior, and what consequences follow. The goal of an FBA is to understand why the student is engaging in the behavior and to develop strategies to address it.

Under IDEA, a school district must conduct an FBA when a student's behavior impedes their learning or the learning of others. This often occurs when a student is facing disciplinary action, but it can also be initiated proactively. If your child does not yet have an FBA and is exhibiting challenging behaviors, you should request one in writing from the school principal and the District 23 CSE office.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. The BIP outlines specific strategies and supports designed to address the student's behavior. A good BIP should include:

* Antecedent strategies: These strategies focus on preventing the behavior from occurring in the first place by modifying the environment or teaching the student alternative responses to triggers. * Replacement behaviors: These are alternative behaviors that serve the same function as the challenging behavior but are more appropriate. * Consequence strategies: These strategies outline how the school will respond to the behavior, including both positive reinforcement for appropriate behavior and consequences for inappropriate behavior.

As a parent, you play a crucial role in the development and implementation of the BIP. You should actively participate in the process, providing input and feedback to ensure the plan is effective and appropriate for your child. If you believe your child's BIP is not working, you have the right to request a review and revision of the plan.

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

If your child has been suspended from school in District 23, it's important to take immediate action to protect their rights and ensure they receive the appropriate support. Here's a checklist of what to do on Day 1:

1. Get the Suspension Notice in Writing: Request a written copy of the suspension notice from the school principal or administrator. This notice should include the reasons for the suspension, the duration 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 during the current school year. This is crucial for determining whether an MDR is required. 3. If Approaching 10 Days, Request MDR in Writing: If your child's current suspension, combined with previous suspensions, is approaching 10 cumulative days, immediately request a Manifestation Determination Review (MDR) in writing from the school principal and the District 23 CSE office. Clearly state that you are requesting an MDR due to the cumulative number of suspension days. 4. Contact the CSE Office to Request Continuation of Services: Contact the District 23 Committee on Special Education (CSE) office to request that your child's IEP services continue during the suspension. This includes any related services, such as speech therapy, occupational therapy, or counseling. 5. Escalation: If you believe the school is violating your child's rights or failing to provide appropriate services, you have several options for escalation: * State Complaint to NYSED: You can file a formal complaint with the New York State Education Department (NYSED). This complaint must allege a violation of IDEA or state special education law. * Expedited Due Process Hearing: If you disagree with the school's decision regarding the suspension or the provision of services, you can request an expedited due process hearing. This is a faster process than a regular due process hearing and is designed to resolve disputes quickly. 6. Consult with an Advocate or Attorney: Consider consulting with a special education advocate or attorney to discuss your child's rights and options. They can provide valuable guidance and support throughout the process. There are many free and low-cost legal services available in NYC.

By taking these steps, you can ensure that your child's rights are protected and that they receive the appropriate support and services during a suspension. Remember, you are your child's best advocate, and your active involvement is crucial to their success.