Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 26 - Bayside

If your child with an IEP has been suspended in NYC District 26 (Bayside, Douglaston, Little Neck, Fresh Meadows, Oakland Gardens, and Glen Oaks), it's essential to understand your rights and the school's obligations. This guide provides actionable information to help you navigate the disciplinary process and ensure your child receives the appropriate support and services. New York Education Law Section 3214 governs student suspensions in New York State. This law, along with the Individuals with Disabilities Education Act (IDEA), provides specific protections for students with IEPs facing disciplinary action. This page will walk you through the steps you need to take to advocate for your child.

This guide focuses on the key aspects of discipline for students with IEPs, including short-term suspensions, Manifestation Determination Reviews (MDRs), Functional Behavior Assessments (FBAs), and Behavior Intervention Plans (BIPs). We'll explain your rights and provide a checklist to help you take immediate action if your child is suspended. Remember, you are your child's strongest advocate, and understanding these procedures is the first step in ensuring they receive a fair and appropriate education.

Short-Term Suspensions: The 10-Day Rule

NYC District 26 schools 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 year are added together. For example, if your child receives three 3-day suspensions, that counts as 9 days. The next suspension day will trigger additional protections.

Even for suspensions of less than 10 days, the school must follow certain procedures outlined in New York Education Law Section 3214. This includes providing you with written notice of the suspension and the reasons for it. The notice should also inform you of your right to an informal conference with the principal or other school official to discuss the suspension. While an MDR is not required for suspensions under 10 days, it's important to monitor the number of suspension days your child accumulates. If your child is approaching the 10-day limit, it's wise to proactively communicate with the school and request a meeting to discuss your concerns.

Even if the suspension is less than 10 days, your child is still entitled to a Free and Appropriate Public Education (FAPE). This means that the school must provide services to allow your child to continue to participate in the general education curriculum and progress toward their IEP goals. Contact the school's Committee on Special Education (CSE) office to discuss what services will be provided during the suspension. This could include homework assignments, tutoring, or other supports. Keep records of all communication with the school regarding the suspension and any services provided.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP faces a suspension exceeding 10 cumulative school days in a school year, or when there is a pattern of shorter suspensions that constitute a change of placement. A "change of placement" isn't always clear-cut, but generally, a pattern of suspensions for similar behaviors may be considered a change of placement, especially if the suspensions are frequent or long in duration. Contact the district to confirm how they interpret "change of placement."

The purpose of the MDR is to determine whether the student's behavior that led to the suspension was caused by or directly related to their disability, or whether it was the direct result of the school's failure to properly implement the student's IEP. The MDR team must include the parent(s), relevant members of the IEP team (including the student, when appropriate), and qualified school personnel who are familiar with the student and the circumstances surrounding the disciplinary action. This typically includes the student's special education teacher, general education teacher (if applicable), a school psychologist or counselor, and a school administrator.

During the MDR meeting, the team will 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 MDR must occur within 10 school days of the decision to change the student's placement due to a violation of a code of student conduct. This timeline is crucial, so be sure to advocate for a timely meeting.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for your child's education and disciplinary consequences. If the MDR team determines that the student's behavior was a manifestation of their disability or a direct result of the school's failure to implement the IEP, the school cannot proceed with a long-term suspension. In this case, the student must be returned to their original placement, unless the parent and the school agree to a change of placement as part of the IEP process.

Furthermore, if the behavior is determined to be a manifestation of the disability, the school must conduct a Functional Behavior 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 student's behavior and prevent future incidents. The BIP should include strategies and supports to help the student manage their behavior and succeed in the classroom. It is critical that the BIP is implemented consistently and effectively.

On the other hand, if the MDR team determines that the student's behavior was not a manifestation of their disability and was not the direct result of the school's failure to implement the IEP, the school may proceed with the disciplinary action, including a suspension. However, even in this case, the school must continue to provide a Free and Appropriate Public Education (FAPE) to the student during the suspension. This means that the school must provide services that allow the student to continue to participate in the general education curriculum and progress toward their IEP goals.

The 45-Day Interim Alternative Setting

In certain limited circumstances, a school 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 situations where the student has: 1) Carried a weapon to school or possessed a weapon at school; 2) Knowingly possessed or used illegal drugs, or sold or solicited the sale of a controlled substance, while at school; or 3) Inflicted serious bodily injury upon another person while at school.

Even when a student is placed in an interim alternative educational setting for disciplinary reasons, the school must continue to provide FAPE. This means the student is entitled to continue to receive services that enable them to participate in the general education curriculum and progress toward meeting their IEP goals. The IEP team determines what services are appropriate in the alternative setting.

If you disagree with the school'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. An expedited hearing is a faster process than a regular due process hearing, and it is designed to resolve disputes quickly in order to minimize the disruption to the student's education. You should consult with an attorney or advocate experienced in special education law to understand your rights and options.

FBAs and Behavior Intervention Plans

A Functional Behavior 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 or purpose. An FBA is required when a student's behavior impedes their learning or the learning of others, or when a Manifestation Determination Review (MDR) determines that the behavior was a manifestation of the student's disability.

A good FBA should include: a clear definition of the target behavior, data collection on the frequency, duration, and intensity of the behavior, identification of the antecedents (what triggers the behavior), identification of the consequences (what happens after the behavior), and a hypothesis about the function of the behavior (why the student is engaging in the behavior). The FBA should be conducted by qualified professionals who are trained in behavior analysis.

Based on the findings of the FBA, the IEP team must develop a Behavior Intervention Plan (BIP). A BIP is a written plan that outlines strategies and supports to address the student's challenging behavior and teach them more appropriate behaviors. A good BIP should include: proactive strategies to prevent the behavior from occurring, teaching strategies to teach the student new skills, reinforcement strategies to reward positive behavior, and reactive strategies to manage the behavior if it does occur. As a parent, your input is critical in the development of both the FBA and the BIP.

You have the right to request an FBA proactively, even before a crisis occurs. If you are concerned about your child's behavior and believe that it is interfering with their learning or the learning of others, you should submit a written request to the school's Committee on Special Education (CSE). The school is required to consider your request and determine whether an FBA is necessary.

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

If your child has been suspended in NYC District 26, here's a checklist of immediate actions you should take:

1. Get the Suspension Notice in Writing: Request 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 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 is crucial for determining when an MDR is required.

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 office requesting a Manifestation Determination Review (MDR). This will ensure that the MDR is conducted in a timely manner if the 10-day threshold is reached.

4. Contact CSE Office to Request Continuation of Services: Contact the school's Committee on Special Education (CSE) office to discuss the continuation of services during the suspension. Your child is entitled to FAPE, which means they should receive services that allow them to continue to progress toward their IEP goals, even while suspended.

5. Escalation: If you believe the school is not following proper procedures 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 determine whether the school is in compliance with special education laws and regulations. * Expedited Due Process Hearing: If you disagree with the school's actions, you have the right to request an expedited due process hearing. This is a formal legal process where you can present evidence and argue your case before an impartial hearing officer. You should consult with an attorney or advocate experienced in special education law to understand your rights and options.

Remember, you are your child's strongest advocate. By understanding your rights and taking prompt action, you can help ensure that your child receives a fair and appropriate education, even in the face of disciplinary challenges.