Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 27 (Rockaway)

If you're reading this, it's likely because your child with an IEP in District 27 (which includes Broad Channel, Howard Beach, Ozone Park, Rockaway, and Woodhaven) has been suspended from school. This can be a stressful and confusing time, but it's important to know your child's rights and how to advocate for them. The Individuals with Disabilities Education Act (IDEA) provides specific protections for students with IEPs facing disciplinary action, and New York State Education Law 3214 also governs suspensions. This page will guide you through the process, explain your rights, and provide actionable steps you can take right now.

The key thing to remember is that a suspension doesn't mean your child's education has to stop. Students with IEPs are entitled to a Free Appropriate Public Education (FAPE), even when they are facing disciplinary consequences. This means the school district must continue to provide services that allow your child to make progress on their IEP goals, even during a suspension. This page will explain how to ensure that happens.

Short-Term Suspensions: The 10-Day Rule

In District 27, as in all of 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." It's important to keep track of the number of days your child has been suspended throughout the year, as these days accumulate.

Even for suspensions of fewer than 10 days, your child has 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 and 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.

While a formal MDR isn't required for suspensions under 10 days, the school still has an obligation to ensure your child continues to receive FAPE. This might mean providing alternative assignments, tutoring, or other supports to help your child keep up with their schoolwork and continue progressing toward their IEP goals. If your child is suspended for even a short period, contact the school and your child's IEP team to discuss how services will be continued. Don't assume the school will automatically provide these services; you may need to advocate for them.

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 removals that constitutes a change of placement. A "change of placement" is a significant alteration in your child's educational setting. Even if no single suspension exceeds 10 days, a series of shorter suspensions could be considered a change of placement if they create a pattern of exclusion from the classroom. Contact the district to confirm how they define "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 and substantially related to, their disability, or whether it was a direct result of the school's failure to implement the IEP correctly. This is a critical process to protect students with disabilities from being unfairly disciplined for behaviors that are a manifestation of their disability.

The MDR team typically includes the parent(s) or legal guardian(s) of the student, a school district representative (often a special education administrator or principal), relevant members of the student's IEP team (such as the special education teacher, general education teacher, school psychologist, and related service providers), and the student (when appropriate and possible). Your active participation in the MDR meeting is crucial. Come prepared to share your perspective on your child's behavior and how it relates to their disability.

The MDR team must convene within 10 school days of the decision to change the student's placement because of a violation of a code of student conduct. During the MDR, the team will review all relevant information, including the student's IEP, any relevant evaluations, information provided by the parents, and observations of the student's behavior. The team will then answer 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 Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for your child's disciplinary process. There are two possible outcomes: the behavior is a manifestation of the disability, or the behavior is not a manifestation of the disability.

**Outcome 1: Behavior Is a Manifestation**

If the MDR team determines that the student's behavior was caused by, or had a direct and substantial relationship to, their disability, or that it was a direct result of the school'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 (more than 10 days). The student must be returned to their previous placement, unless the parents and the school district agree to a change of placement as part of the IEP review process.

Furthermore, when the behavior is determined to be a manifestation of the disability, the IEP team must conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted. The FBA is a process of gathering information to understand the function or purpose of the student's behavior. Based on the FBA, the IEP team must develop or revise a Behavior Intervention Plan (BIP) to address the behavior. The BIP should include strategies and supports to help the student learn alternative, more appropriate behaviors.

**Outcome 2: Behavior Is Not a Manifestation**

If the MDR team determines that the student's behavior was not caused by, or did not have a direct and substantial relationship to, their disability, and that it was not the direct result of the school'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 behavior is not a manifestation of the disability, the school district must continue to provide FAPE to the student during the suspension. This means the student is entitled to services that allow them to continue to participate in the general education curriculum and progress toward their IEP goals. The IEP team must determine what services are necessary to ensure FAPE during the suspension.

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 disability. These circumstances are specifically defined and apply only when the student:

* Carries a weapon to school or possesses a weapon at school, on school premises, or at a school function. * 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. * Has inflicted serious bodily injury upon another person at school, on school premises, or at a school function.

"Serious bodily injury" is a specific legal term meaning 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 continue to provide FAPE to the student in the interim alternative educational setting. The IEP team must determine what services are necessary to ensure the student can continue to participate in the general education curriculum and progress toward their IEP goals. The alternative setting must allow the student to continue to receive educational services and participate in 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 by requesting an expedited due process hearing. An expedited hearing is a faster process than a regular due process hearing, designed to resolve disputes quickly in these specific circumstances. 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 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 student's behavior. It seeks to answer the question: "Why is this student engaging in this behavior?"

The school district must conduct an FBA when a student's behavior impedes their learning or the learning of others, or when the student's behavior results in disciplinary action, particularly if the behavior is determined to be a manifestation of their disability. However, you don't have to wait for a crisis to request an FBA. If you are concerned about your child's behavior, you can proactively request an FBA from the school district. It's best to make this request in writing to ensure a clear record.

A good Behavior Intervention Plan (BIP) should be based on the results of the FBA. It should include specific strategies and supports to address the student's behavior, teach alternative behaviors, and prevent the behavior from occurring in the future. A comprehensive BIP should include:

* A clear description of the target behavior. * Identification of the triggers or antecedents that precede the behavior. * Identification of the function or purpose of the behavior (what the student is getting out of it). * Specific strategies to prevent the behavior from occurring. * Strategies to teach the student alternative, more appropriate behaviors. * Strategies to reinforce positive behavior. * A plan for monitoring and evaluating the effectiveness of the BIP.

Parents should be actively involved in the development and implementation of the BIP. Your insights into your child's behavior and what works for them are invaluable. Work collaboratively with the school to create a BIP that is tailored to your child's individual needs and that can be implemented consistently across all settings.

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

If your child has been suspended from school in District 27, here's a checklist of immediate steps 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 reasons 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 special education department requesting a Manifestation Determination Review (MDR) if another suspension is issued. This will start the process and protect your child's rights. 4. Contact the CSE Office: Contact the Committee on Special Education (CSE) office for District 27 to request continuation of services during the suspension. Emphasize your child's right to FAPE and the need for services to continue progress on their IEP goals. Contact the district to confirm the best contact information for the CSE office. 5. Document Everything: Keep detailed records of all communication with the school, including dates, times, names of people you spoke with, and the content of the conversations. Save all written documents, such as suspension notices, emails, and letters. 6. Consider Legal Counsel or Advocacy: If you are unsure of your rights or are having difficulty navigating the disciplinary process, consider seeking legal counsel from an attorney experienced in special education law or contacting a special education advocate. 7. Escalation: If you believe the school district is violating your child's rights, you have options for further action: * 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 regulations. * Expedited Due Process Hearing: If you disagree with the school district's decisions regarding your child's discipline, you have the right to request an expedited due process hearing. This is a more formal legal process that can result in a binding decision.

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