Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 24 - Maspeth

If you're reading this, it's likely because your child with an IEP in District 24 has just been suspended. This can be a stressful and confusing time, but it's crucial to understand your child's rights and how to advocate for them. This page will guide you through the disciplinary process, focusing on the specific protections afforded to students with IEPs under the Individuals with Disabilities Education Act (IDEA) and New York State Education Law. Remember, a suspension doesn't mean your child's education has to stop. You have the right to ensure their Free and Appropriate Public Education (FAPE) continues, even during a disciplinary action.

The information here is designed to be immediately actionable. We'll cover short-term suspensions, Manifestation Determination Reviews (MDRs), interim alternative settings, and, most importantly, what you need to do today to protect your child's rights. Don't hesitate to contact legal counsel or a special education advocate for personalized advice. You can also contact the District 24 Committee on Special Education (CSE) for information about your child's IEP and related services.

Short-Term Suspensions: The 10-Day Rule

In District 24, like all of New York State, schools can suspend a student for disciplinary reasons. However, there are specific rules that apply to students with IEPs, especially regarding the length of the suspension. The key concept to understand is the "10-day rule." This rule states that a school can suspend a student with an IEP for up to 10 cumulative school days in a single school year without triggering a Manifestation Determination Review (MDR).

"Cumulative" means that all suspensions throughout the year are added together. So, if your child has already been suspended for 3 days this year, and they receive another 5-day suspension, that brings the total to 8 days. The school can impose those suspensions without automatically triggering the MDR process. However, once the total reaches 10 cumulative days, or if a pattern of short-term suspensions emerges, things change significantly.

Even for suspensions under 10 days, your child is still entitled to FAPE. While a formal MDR isn't required, the district should still consider whether the behavior is related to the child's disability and whether the IEP is being properly implemented. Contact the CSE to discuss whether your child needs continued services during even a short suspension.

New York Education Law Section 3214 governs suspensions in New York State. This law requires that the school provide you with written notice of the suspension, explaining the reasons for the suspension and your child's right to a hearing if the suspension is for more than five days. The notice must be provided as soon as practicable. Contact the district to confirm their specific procedures for short-term suspensions.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical process designed to determine if a student's behavior that led to a suspension is related to their disability. An MDR is required when a student with an IEP is facing a suspension that will result in a change of placement. This generally means:

* The suspension is for more than 10 consecutive school days. * The suspension is for more than 10 cumulative school days in a school year. * A pattern of short-term suspensions emerges that totals more than 10 days and constitutes a change of placement. A "pattern" is determined by factors such as the length of each suspension, the proximity of the suspensions to one another, and the total amount of time the child is excluded from school.

If any of these conditions are met, the school must conduct an MDR within 10 school days of the decision to change the student's placement due to the violation of a code of conduct.

The MDR meeting must include relevant members of the IEP team, including you as the parent, and qualified personnel. The purpose of the meeting is to review all relevant information in the student's file, including the IEP, teacher observations, and any relevant information you provide. The team will then answer two crucial 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?

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

The Two MDR Outcomes

The outcome of the Manifestation Determination Review 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 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 (more than 10 days). 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 review).

Furthermore, the IEP team must conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted. If an FBA has already been conducted, the IEP team must review the FBA and Behavior Intervention Plan (BIP), and modify them as necessary to address the behavior. The goal is to prevent the behavior from recurring. This might involve providing additional supports, modifying the IEP, or changing the student's placement.

2. Behavior is NOT a manifestation of the disability:

If the MDR team determines that the student's behavior was not a manifestation of their disability (i.e., the answer to both questions is "no"), the school district can proceed with the disciplinary action in the same manner as it would for a student without an IEP. This could include a long-term suspension or expulsion.

However, even if the behavior is not a manifestation of the disability, the school district must continue to provide FAPE to the student during the period of suspension. This means that the student is entitled to receive services that will allow them to continue to participate in the general education curriculum and progress toward their IEP goals. The IEP team will determine the appropriate services to be provided, which could include tutoring, alternative assignments, or other supports.

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 the student's disability. These circumstances are limited to situations where the student has:

* Carried a weapon to school or possessed a weapon at school, on school premises, or at a school function. * Knowingly possessed or used illegal drugs, or sold or solicited the sale of a controlled substance, at school, on school premises, or at a school function. * Inflicted serious bodily injury upon another person at school, on school premises, or at 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 in these situations, the school district must provide FAPE to the student in the interim alternative educational setting. The setting must allow the student to continue to progress in the general education curriculum and toward their IEP goals.

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 through an expedited due process hearing. This is a faster process than a regular due process hearing, and it is designed to resolve the dispute quickly. You should contact an attorney or advocate immediately if you believe your child has been wrongly placed in an interim alternative setting.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a process used to identify the purpose or function of a student's behavior. It looks at what happens before the behavior (antecedents) and what happens after the behavior (consequences) to understand why the student is engaging in the behavior.

The school district must conduct an FBA if a student's behavior results in a disciplinary action and the behavior is determined to be a manifestation of the student's disability. However, even if a manifestation determination is not triggered, an FBA can be a valuable tool for understanding and addressing challenging behaviors.

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

* A clear description of the target behavior. * Identification of the antecedents and consequences that maintain the behavior. * Specific strategies to prevent the behavior from occurring. * Positive reinforcement strategies to encourage desired behaviors. * Strategies for responding to the behavior when it does occur. * 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 at any time, even if they have not been suspended. If you are concerned about your child's behavior, or if you believe that their behavior is interfering with their learning, you should request an FBA in writing from the school district. It's often best to be proactive and request an FBA before a crisis occurs. This allows the IEP team to develop a BIP that can prevent problems before they start. Contact the District 24 CSE to learn more about requesting an FBA.

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

If your child has just been suspended, here's a checklist of immediate actions you should take to protect their rights:

1. Get the Suspension Notice in Writing: Obtain 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 child's right to a hearing (if the suspension is for more than five days). 2. Count 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 MDR in Writing Immediately: If this suspension brings your child close to or over the 10-day cumulative limit, immediately send a written request to the school principal and the CSE for a Manifestation Determination Review. Document the date you sent the request. 4. Contact the CSE Office to Request Continuation of Services: Contact the District 24 Committee on Special Education (CSE) to request that your child's educational services continue during the suspension. Emphasize that your child is entitled to FAPE, even while suspended. Ask what specific services will be provided and how they will help your child continue to progress toward their IEP goals. 5. Document Everything: Keep detailed records of all communications with the school, including dates, times, names of people you spoke with, and the content of the conversations. Save all written documents, including the suspension notice, emails, and letters. 6. Consider Escalation: If you believe the school 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 IDEA. * Expedited Due Process Hearing: If you disagree with the school district's decisions regarding your child's suspension or placement, you can request an expedited due process hearing. This is a faster process than a regular due process hearing. 7. Seek Legal Advice or Advocacy: Consult with a special education attorney or advocate who can provide you with legal advice and help you navigate the disciplinary process. They can represent you at meetings, file complaints, and advocate for your child's rights.

Remember, you are your child's best advocate. By understanding their rights and taking prompt action, you can ensure that they receive the support and services they need to succeed, even during challenging times.