Discipline Rights & the Manifestation Determination Review

Student Discipline Rights in NYC District 25: A Guide for Parents of Students with IEPs

Has your child with an IEP in NYC District 25 (Flushing, Whitestone, College Point, Beechhurst) just been suspended? This guide is designed to help you understand your child's rights and what steps you need to take now . We know this is a stressful time, and we want to provide you with clear, actionable information to advocate for your child's educational needs. The information here is based on the Individuals with Disabilities Education Act (IDEA), New York State Education Law, and, where possible, District 25-specific practices. Remember to always confirm specific policies with the district directly.

The key thing to remember is that students with IEPs have additional protections when it comes to school discipline. These protections are in place to ensure that disciplinary actions are fair, appropriate, and don't disrupt your child's access to a Free Appropriate Public Education (FAPE). A critical component of these protections is the Manifestation Determination Review (MDR), which we'll explain in detail. But first, let's clarify the different types of suspensions and how they trigger different requirements.

Short-Term Suspensions: The 10-Day Rule

In District 25, as in all of New York State, schools can suspend students for disciplinary reasons. However, the rules are different for students with IEPs, especially when suspensions start to add up. The general rule is that a school can suspend a student for up to 10 cumulative school days in a school year without triggering a Manifestation Determination Review (MDR). This is often referred to as the "10-day rule."

"Cumulative" means that all suspensions throughout the school year are added together. So, if your child has been suspended for 3 days in October and then 4 days in December, they have already accumulated 7 suspension days. If they are then suspended for another 3 days, that brings the total to 10 days, and any further suspension triggers the MDR process.

Even for suspensions of fewer than 10 days, your child has rights. New York Education Law Section 3214 outlines the requirements for short-term suspensions. The school must provide you with written notice of the suspension, explaining the reasons for the suspension and informing you of your child's right to an informal conference with the principal or other school official. This notice should be provided as soon as possible following the suspension decision. Contact the district to confirm their specific timelines for providing this notice.

While an MDR isn't required for suspensions under 10 days, the school still has an obligation to ensure your child continues to receive educational services if the suspension is lengthy enough to disrupt their learning. This is especially important if your child is approaching the 10-day limit. Even if the district asserts that services are not required for a short-term suspension, you can advocate for them to be provided, especially if the suspension impacts your child's ability to make progress on their IEP goals. Consider requesting homework assignments, tutoring, or other supports to help your child stay on track.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required in two main situations: (1) when a student with an IEP is facing a suspension that will exceed 10 cumulative school days in a school year, or (2) when there is a pattern of short-term removals that constitutes a change of placement. A "pattern" is often defined as a series of short-term suspensions that, when added together, exceed 10 days and demonstrate a similarity in behavior or a proximity in time. If the district is suspending your child repeatedly for similar behaviors, even if each suspension is short, argue that this constitutes a pattern and triggers the MDR requirement.

The purpose of the MDR is to determine whether the student's behavior that led to the disciplinary action 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 take disciplinary action that will result in a change of placement (i.e., suspension exceeding 10 days or a pattern of removals). The meeting must include the school district, you (the parent), and relevant members of the IEP team, as determined by you and the district. This might include your child's special education teacher, general education teacher, school psychologist, or other professionals who have knowledge of your child's disability and behavior. It is critical that you attend this meeting and bring any relevant information or documentation that supports your position.

During the MDR, the team will review all relevant information, including the student's IEP, any teacher observations, and any relevant medical or psychological evaluations. 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?

If the answer to either of these questions is "yes," then 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 disciplinary process. If the MDR team determines that the behavior is a manifestation of your child's disability, the school district cannot proceed with a long-term suspension (more than 10 days).

In this case, 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 district agree to a change of placement as part of the IEP process). * Conducting a Functional Behavioral 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. * Developing or revising a Behavior Intervention Plan (BIP) that addresses the problematic behavior and provides strategies for preventing it in the future. The BIP should be based on the findings of the FBA and should be tailored to your child's specific needs.

If the MDR team determines that the behavior is not a manifestation of your child's disability, the school district may proceed with the disciplinary action, including a long-term suspension. However, even in this situation, your child's right to a Free Appropriate Public Education (FAPE) must continue. This means that the school district must provide services that allow your child to continue to participate in the general education curriculum and to progress toward meeting their IEP goals during the period of suspension. These services could include alternative educational settings, tutoring, or other appropriate supports. Do not hesitate to demand these services in writing.

It's important 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

There are limited circumstances in which 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:

* The student possesses a weapon at school or at a school function. * The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school or at a school function. * The student has inflicted serious bodily injury upon another person at school or at a school function. "Serious bodily injury" generally means 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 services that enable the student to continue to participate in the general education curriculum and to progress toward meeting their IEP goals. The interim alternative educational setting must be designed to help the student address the behavior that led to the removal so that they can return to their original placement as soon as possible.

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 hearing will be conducted quickly to resolve the dispute as soon as possible.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a critical tool for understanding and addressing challenging behaviors in students with IEPs. An FBA is a process of gathering information to identify the function or purpose of a behavior. In other words, it seeks to answer the question: "What is the student getting out of this behavior?"

The law requires the district to conduct an FBA when a student's behavior impedes their learning or the learning of others. This is especially important if the student is facing disciplinary action. The FBA should be conducted by qualified professionals who have expertise in behavior analysis. The FBA process typically involves:

* Reviewing existing data, such as the student's IEP, school records, and any previous behavioral assessments. * Observing the student in the settings where the behavior occurs. * Interviewing the student, parents, teachers, and other relevant individuals. * Analyzing the data to identify the triggers, maintaining factors, and function of the behavior.

Based on the findings of the FBA, the school district must develop a Behavior Intervention Plan (BIP). The BIP is a written plan that outlines strategies for preventing and addressing the challenging behavior. A good BIP should include:

* A clear description of the target behavior. * Identification of the triggers and maintaining factors for the behavior. * Strategies for preventing the behavior from occurring in the first place (proactive strategies). * Strategies for responding to the behavior when it does occur (reactive strategies). * Strategies for teaching the student alternative, more appropriate behaviors. * A system for monitoring and evaluating the effectiveness of the BIP.

You, as a parent, have the right to request an FBA and BIP for your child proactively , even if they are not currently facing disciplinary action. If you are concerned about your child's behavior at school, put your request in writing to the school principal and the Committee on Special Education (CSE). Explain your concerns and why you believe an FBA and BIP are necessary. The district is required to consider your request and respond in a timely manner.

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

If your child with an IEP in District 25 is suspended, here's what you should do immediately :

1. Get the Suspension Notice in Writing: Request a written copy of the suspension notice from the school principal or other school official. This notice should include the reasons for the suspension, the length of the suspension, and your child's rights. 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 whether the 10-day rule has been triggered. 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 that the MDR process is initiated promptly if the suspension exceeds 10 days. 4. Contact the CSE Office to Request Continuation of Services: Contact the District 25 Committee on Special Education (CSE) office and request that your child's educational services continue during the suspension. Emphasize that your child is entitled to FAPE, even while suspended, and that the district must provide services that allow them to continue to make progress on their IEP goals. Document the date and time of your call, and the name of the person you spoke with. Follow up with an email summarizing your conversation. 5. Escalate if Necessary: If the school district is not responsive to your requests or 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). NYSED will investigate your complaint and issue a decision. * Expedited Due Process Hearing: You can request an expedited due process hearing to resolve the dispute. This is a more formal process that involves presenting evidence and arguments to an impartial hearing officer.

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