Discipline Rights & the Manifestation Determination Review

Short-Term Suspensions: The 10-Day Rule

In NYC District 30, like all districts in New York State, your child can be suspended for up to 10 cumulative school days in a school year without triggering a formal Manifestation Determination Review (MDR). This is a crucial threshold to understand because once your child exceeds this limit, additional protections under the Individuals with Disabilities Education Act (IDEA) come into play. It's important to keep track of all suspensions your child receives throughout the school year.

Even though suspensions under 10 days do not automatically trigger an MDR, the school is still responsible for providing appropriate educational services if the length or nature of the suspension prevents your child from accessing their IEP goals. Don't hesitate to advocate for continued services, such as homework assignments, tutoring, or access to online learning platforms, to ensure your child doesn't fall behind. Contact the Committee on Special Education (CSE) office in District 30 to discuss how to maintain your child's educational progress during a short-term suspension.

New York Education Law Section 3214 governs student suspensions in New York. Even for short-term suspensions, the school must provide you with written notice of the suspension, explaining the reasons for the disciplinary action 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. Make sure you receive this notice and understand your rights to challenge the suspension. If you feel the suspension was unwarranted or that your child's rights were violated, you have the right to appeal the decision to the superintendent.

Remember, even if an MDR isn't required for suspensions under 10 days, it's still essential to address the underlying causes of your child's behavior. Work collaboratively with the school to identify any unmet needs and develop strategies to prevent future disciplinary issues. This might involve requesting a Functional Behavior Assessment (FBA) or developing a Behavior Intervention Plan (BIP), even if the school doesn't deem it mandatory at this stage. Proactive intervention is always the best approach.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP or 504 plan faces a suspension exceeding 10 cumulative school days in a school year, or when a pattern of shorter suspensions emerges that constitutes a "change of placement." A change of placement doesn't just mean a physical relocation; it refers to any significant alteration in your child's educational program or services. This could include repeated removals from the classroom, even if each individual suspension is less than 10 days. The key factor is whether the series of suspensions creates a disruption to your child's learning and access to their IEP.

The MDR process brings together the IEP team, including you as the parent, relevant teachers, a school psychologist or special education administrator, and, when appropriate, your child. The purpose of this meeting is to determine whether your child's behavior that led to the suspension was (1) caused by, or had a direct and substantial relationship to, their disability, or (2) was a direct result of the school's failure to implement your child's IEP. Both questions must be carefully considered.

The MDR meeting must be convened within 10 school days of the decision to change your child's placement due to a violation of the school's code of conduct. This timeline is crucial, so ensure the school adheres to it. During the MDR, the team will review your child's IEP, any relevant evaluations and diagnostic results, and observations made by teachers and other school staff. You, as the parent, play a vital role in providing your perspective on your child's behavior and the effectiveness of the IEP.

The MDR focuses on two critical questions. First, was the behavior caused by, or directly and substantially related to, your child's disability? For example, if your child has ADHD and their impulsivity led to a classroom disruption, the team must consider whether the ADHD played a significant role in the incident. Second, was the behavior a direct result of the school's failure to implement the IEP? This means examining whether the school provided the necessary accommodations, modifications, and supports outlined in the IEP. If the answer to either of these questions is "yes," the behavior is considered a manifestation of your child'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 IEP team determines that the behavior is a manifestation of your child's disability (meaning the answer to either of the two key questions is "yes"), the school cannot proceed with a long-term suspension or expulsion. Instead, the school must take immediate steps to address the underlying causes of the behavior.

The school is required to return your child to their original placement, unless you and the school agree to a change of placement as part of the process. The IEP team must also conduct a Functional Behavior Assessment (FBA), if one hasn't already been completed, or review and revise the existing FBA and Behavior Intervention Plan (BIP) to ensure it effectively addresses your child's behavioral needs. The revised BIP should include strategies to prevent similar incidents from occurring in the future. This might involve providing additional supports, modifying the classroom environment, or teaching your child alternative coping mechanisms.

If the MDR team determines that the behavior is not a manifestation of your child's disability, the school may proceed with disciplinary actions, including a suspension. However, even in this scenario, your child's right to a Free and Appropriate Public Education (FAPE) remains in effect. The school must continue to provide services that allow your child to participate in the general education curriculum and progress toward their IEP goals during the suspension.

These services could include alternative assignments, tutoring, access to online learning materials, or other supports designed to minimize the disruption to your child's education. It is crucial to proactively communicate with the school to ensure these services are in place and are effectively meeting your child's needs during the suspension period. Don't hesitate to request specific accommodations or modifications to the services if you feel they are not adequate.

The 45-Day Interim Alternative Setting

Under very specific circumstances, a school in NYC District 30 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 their disability. These circumstances are limited to situations involving weapons, drugs, or serious bodily injury. Specifically, this applies if your child: (1) carries a weapon to school or possesses a weapon at school, on school premises, or at a school function; (2) knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function; or (3) has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function.

Even when a student is placed in an interim alternative setting, their right to FAPE continues. The school district must provide services that enable the student to continue to participate in the general education curriculum, although in a different setting, and to progress toward meeting the goals outlined in their IEP. The IEP team determines the specific services provided in the interim setting.

As a parent, you have the right to challenge the decision to place your child in an interim alternative educational setting through an expedited due process hearing. This hearing allows you to present evidence and argue that the removal was unwarranted or that the services provided in the alternative setting are inadequate. You must request this hearing quickly, as there are strict timelines involved. Contact an attorney or advocate specializing in special education law to assist you with this process.

It's important to understand that the 45-day interim alternative setting is not a punishment, but rather a temporary measure to ensure the safety of all students and staff while addressing the underlying issues that led to the incident. The goal is to return your child to their regular placement as soon as it is safe and appropriate to do so, with the necessary supports in place to prevent future incidents.

FBAs and Behavior Intervention Plans

A Functional Behavior Assessment (FBA) is a critical tool for understanding and addressing challenging behaviors in students with IEPs. An FBA is a systematic process of gathering information about the function, or purpose, of a student's behavior. It looks beyond the surface of the behavior to identify the triggers, antecedents, and consequences that maintain it. This information is then used to develop a Behavior Intervention Plan (BIP) that addresses the underlying causes of the behavior and teaches the student more appropriate ways to meet their needs.

Under IDEA, a school district is required to 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 an FBA can also be proactively requested if you observe concerning behavioral patterns. Contact the CSE office in District 30 to formally request an FBA for your child.

A good BIP should be individualized to your child's specific needs and should include clear, measurable goals. It should outline specific strategies for preventing challenging behaviors, teaching replacement behaviors, and responding to challenging behaviors when they occur. The BIP should also include a plan for monitoring the student's progress and making adjustments to the plan as needed. The BIP should be a collaborative effort, developed with input from you, your child (when appropriate), teachers, and other relevant school staff.

You don't have to wait for a crisis to request an FBA. If you notice your child struggling with certain behaviors, or if you anticipate potential triggers in the school environment, you can proactively request an FBA. This can help prevent disciplinary issues and ensure your child receives the support they need to succeed. A proactive FBA can identify potential problems early on and allow the IEP team to develop strategies to address them before they escalate. Remember, early intervention is key to preventing behavioral challenges and promoting positive outcomes for your child.

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

If your child has been suspended in NYC District 30, it's crucial to take immediate action to protect their rights and ensure they continue to receive appropriate educational services. Here's a Day 1 Checklist to guide you:

1. Get the Suspension Notice in Writing: Immediately request a written copy of the suspension notice from the school. This notice should clearly state the reasons for the suspension, the length of the suspension, and your child's rights, including the right to an informal conference.

2. Count Cumulative Suspension Days: Keep a running tally of the number of days your child has been suspended during the current school year. This is critical 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 the process starts promptly if the 10-day threshold is reached.

4. Contact the CSE Office to Request Continuation of Services: Contact the Committee on Special Education (CSE) office in District 30 to request information about how your child's IEP will be implemented during the suspension. Advocate for continued services, such as homework assignments, tutoring, or access to online learning platforms, to ensure your child doesn't fall behind on their IEP goals. Document all communication with the school and CSE office.

5. Escalation: State Complaint to NYSED: If you believe the school is violating your child's rights or failing to provide appropriate services, you can file a formal State Complaint with the New York State Education Department (NYSED). This complaint must be filed within one year of the alleged violation.

6. Escalation: Expedited Due Process Hearing: If you disagree with the school's decision regarding the suspension or the MDR outcome, you have the right to request an expedited due process hearing. This is a formal legal process that allows you to present your case to an impartial hearing officer. Due process hearings have strict timelines, so it's essential to act quickly. Consider seeking legal representation from an attorney or advocate specializing in special education law.

Remember, you are your child's strongest advocate. By taking these steps, you can ensure their rights are protected and they continue to receive the education they deserve.