Short-Term Suspensions: The 10-Day Rule

If your child in NYC District 32 (Bushwick) has been suspended, it's crucial to understand the rules surrounding short-term suspensions. New York State Education Law §3214 governs suspensions in New York, and it differentiates between short-term and long-term suspensions, especially for students with IEPs. A short-term suspension is generally defined as a suspension of 10 cumulative school days or less in a single school year.

For suspensions totaling 10 cumulative school days or less, the school district is not required to conduct a Manifestation Determination Review (MDR). However, this doesn't mean your child's educational needs can be ignored. Even during a short-term suspension, the district has an obligation to consider whether your child requires continued services to ensure they can still access their education. Contact the Committee on Special Education (CSE) office to advocate for continued services, even for short suspensions.

It's important to note that even for short-term suspensions, you are entitled to certain due process rights under New York Education Law §3214. The school must provide you with written notice of the suspension, explaining the reasons for the disciplinary action. This notice should be provided as soon as possible following the incident. The notice should include the charges against your child and an opportunity for you and your child to meet with the principal (or other designated school official) to discuss the suspension. This meeting allows you to present your child's side of the story and challenge the suspension if you believe it is unwarranted.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical safeguard for students with IEPs facing disciplinary action. In NYC District 32 (Bushwick), an MDR is legally required under the Individuals with Disabilities Education Act (IDEA) 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" isn't always clear-cut, but it generally refers to a series of short-term suspensions that, taken together, create a significant disruption to the student's learning and access to their IEP.

The purpose of the MDR is to determine if the student's behavior that led to the suspension was caused by, or directly and substantially related to, their disability. The MDR also examines whether the behavior was a direct result of the school district's failure to properly implement the student's IEP.

The MDR team must include you (the parent or guardian), relevant members of the IEP team (such as teachers, special education staff, and related service providers), and a representative of the school district who has the authority to make decisions about the student's placement and services. The student should also be involved when appropriate.

The MDR team will address 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?

The MDR must be conducted within 10 school days of the decision to take disciplinary action that triggers the MDR requirement (i.e., after the 10th cumulative day of suspension or when a pattern of removals suggests a change of placement). The district must gather all relevant information, including the student's IEP, teacher observations, and any relevant medical or psychological evaluations.

The Two MDR Outcomes

The Manifestation Determination Review (MDR) process in NYC District 32 (Bushwick) will lead to one of two possible outcomes, each with significant implications for your child's education and disciplinary future.

Outcome 1: Behavior IS a Manifestation of the Disability

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 the direct result of the district's failure to implement the IEP, then the behavior is considered a manifestation of the disability. In this case, the district cannot proceed with a long-term suspension (more than 10 days).

Instead, the school district must take immediate steps to address the underlying causes of the behavior. This typically involves the following:

• Return to Placement: The student must be returned to their original placement unless you and the district agree to a change of placement as part of the IEP process. * Review and Revise FBA and BIP: The district must review and, if necessary, revise the student's Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP). The FBA identifies the triggers and functions of the student's behavior, while the BIP outlines strategies to prevent and address the behavior. The revised FBA and BIP should be tailored to address the specific behavior that led to the suspension. * IEP Review: The IEP team should convene to review the IEP and determine if any changes are needed to better support the student's needs. This may involve adding new goals, modifying existing goals, or providing additional services.

Outcome 2: Behavior is NOT a Manifestation of the Disability

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 district's failure to implement the IEP, then the behavior is not considered a manifestation of the disability.

In this case, the district may proceed with the disciplinary action, including a long-term suspension. However, even if the suspension is deemed appropriate, the district must continue to provide the student with a Free Appropriate Public Education (FAPE). This means that the student is entitled to receive services that allow them to continue to participate in the general education curriculum and progress toward their IEP goals, even while they are suspended. These services could include tutoring, alternative assignments, or other supports.

The 45-Day Interim Alternative Setting

Under very specific circumstances, NYC District 32 (Bushwick) 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 determined to be a manifestation of the student's disability. These circumstances are limited to situations involving:

• Weapons: The student carries a weapon to school or possesses a weapon at school or a school function. * Drugs: The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school or a school function. * Serious Bodily Injury: The student has inflicted serious bodily injury upon another person while at school or 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 district must provide the student with educational services that allow them to continue to participate in the general education curriculum and progress toward their IEP goals. The interim alternative educational setting must be designed to enable the student to continue to receive FAPE.

If you disagree with the 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 version of a regular due process hearing, designed to resolve disputes quickly in situations where a student's placement is at stake. Contact an attorney or advocate to help you navigate this process.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) and a Behavior Intervention Plan (BIP) are critical tools for understanding and addressing challenging behaviors in students with IEPs in NYC District 32 (Bushwick).

An FBA is a systematic process of gathering information about a student's behavior to determine the function or purpose of the behavior. It seeks to answer the question: "Why is this student engaging in this behavior?" The FBA typically involves observing the student in different settings, interviewing teachers and parents, and reviewing the student's records. The goal is to identify the triggers (antecedents) that precede the behavior, the behavior itself, and the consequences that follow the behavior. By understanding the function of the behavior (e.g., is the student seeking attention, escaping a task, or seeking sensory stimulation?), the IEP team can develop more effective interventions.

The district is required to conduct an FBA when a student's behavior impedes their learning or the learning of others. This is often triggered by repeated disciplinary incidents or when a student is facing a long-term suspension.

A BIP is a plan that outlines strategies to prevent and address challenging behaviors. It is based on the findings of the FBA and should be tailored to the individual student's needs. A good BIP will include:

• Antecedent Strategies: These strategies focus on preventing the behavior from occurring in the first place by modifying the environment or teaching the student alternative ways to respond to triggers. * Replacement Behaviors: The BIP should identify and teach the student alternative behaviors that serve the same function as the challenging behavior but are more appropriate. * Consequence Strategies: These strategies outline how staff will respond to the behavior when it occurs. They should focus on reinforcing positive behaviors and minimizing the reinforcement of challenging behaviors. * Data Collection: The BIP should include a system for collecting data on the student's behavior to monitor the effectiveness of the plan.

You, as a parent, have the right to request an FBA for your child at any time. Don't wait for a crisis to occur. If you are concerned about your child's behavior, put your request in writing to the school principal and the CSE. A proactive FBA can help prevent disciplinary problems and ensure that your child receives the support they need to succeed.

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

If your child in NYC District 32 (Bushwick) has been suspended, it's important to act quickly to protect their rights and ensure they continue to receive a Free Appropriate Public Education (FAPE). Here's a checklist of what to do on Day 1 of the suspension:

1. Get the Suspension Notice in Writing: Immediately request a written copy of the suspension notice from the school. This notice should include the specific charges against your child, the date and time of the incident, the duration of the suspension, and the reasons for the disciplinary action. Do not rely on verbal communication alone.

2. Count Cumulative Suspension Days: Keep track of the number of days your child has been suspended during the current school year. This is crucial because once your child exceeds 10 cumulative days of suspension, it triggers the requirement for a Manifestation Determination Review (MDR).

3. If Approaching 10 Days, Request MDR in Writing Immediately: If your child is approaching 10 cumulative days of suspension, immediately send a written request to the school principal and the CSE for an MDR. Do not wait for the school to initiate the process. Be proactive in asserting your child's rights.

4. Contact the CSE Office to Request Continuation of Services: Contact the Committee on Special Education (CSE) office in District 32 and request that your child's educational services continue during the suspension. Even for short-term suspensions, your child is entitled to receive services that allow them to continue to participate in the general education curriculum and progress toward their IEP goals.

5. Review the IEP and Behavior Intervention Plan (BIP): Review your child's IEP and BIP to ensure that they are being properly implemented and that they are addressing your child's behavioral needs. If you believe that the IEP or BIP is not adequate, request an IEP meeting to discuss revisions.

6. Document Everything: Keep a detailed record of all communications with the school, including dates, times, and the names of the people you spoke with. Save copies of all documents related to the suspension.

7. Consider Legal Advice: If you are unsure of your rights or if you are having difficulty navigating the disciplinary process, consider contacting an attorney or advocate who specializes in special education law.

8. Escalation: If the district is unresponsive or fails to uphold 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 district has violated IDEA or state special education laws. * Expedited Due Process Hearing: You can request an expedited due process hearing to resolve disputes with the district regarding your child's placement, services, or disciplinary action. This is a more formal process that involves presenting evidence and testimony before an impartial hearing officer.