Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in NYC District 79

If your child with an IEP has just been suspended from school in NYC District 79, you're likely feeling overwhelmed and unsure of what to do next. This guide is designed to provide you with immediate, actionable steps you can take to protect your child's rights and ensure they receive the appropriate educational services. District 79 serves students across all five boroughs of New York City through alternative schools and programs. This means disciplinary procedures can sometimes look different than in traditional school settings. It's crucial to understand your child's rights under the law, particularly concerning discipline and students with disabilities.

New York State Education Law 3214 governs student suspensions. It outlines the procedures schools must follow when suspending a student, including notification requirements and due process rights. For students with IEPs, additional protections are in place to ensure that disciplinary actions don't unfairly disrupt their education or deny them a Free Appropriate Public Education (FAPE). These protections are triggered when a suspension reaches a certain length or constitutes a change of placement. This guide will walk you through those protections, specifically focusing on Manifestation Determination Reviews (MDRs), Functional Behavior Assessments (FBAs), and Behavior Intervention Plans (BIPs).

Short-Term Suspensions: The 10-Day Rule

The "10-day rule" is a critical concept to understand. 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 means that if your child has several short suspensions that add up to 10 days or less, the school is generally not required to conduct an MDR. However, it's important to keep track of these days, as exceeding this limit triggers significant procedural safeguards.

Even for suspensions under 10 days, your child still has rights. New York Education Law 3214 requires the school to 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 conference allows you to present your side of the story and discuss the situation. While an MDR isn't required for short-term suspensions, it's still important to advocate for your child's needs. If the behavior leading to the suspension is related to their disability, you can argue that services and supports should be put in place to prevent future incidents, even if the 10-day threshold hasn't been reached. Contact the district to confirm whether services must continue during short-term suspensions.

It's also crucial to remember that even during a short-term suspension, your child is entitled to continue making progress on their IEP goals. While the specific services provided may vary, the school district has a responsibility to ensure your child doesn't fall behind academically. This might include providing homework assignments, access to online learning resources, or other forms of support. If you believe your child is not receiving adequate services during a short-term suspension, you should contact the Committee on Special Education (CSE) office and request a meeting to discuss your concerns.

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 a series of shorter suspensions creates a pattern that constitutes a change of placement. A "change of placement" isn't always straightforward, but generally means a significant alteration in the student's educational environment. For example, multiple suspensions for similar behaviors might indicate that the current placement isn't meeting the student's needs, thus triggering an MDR.

The MDR meeting brings together key individuals to determine whether the student's behavior was related to their disability. Participants typically 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 from the school district. The purpose of the meeting is to review all relevant information, including the student's IEP, any relevant evaluations, teacher observations, and information you provide.

During the MDR, the team will 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," the behavior is considered a manifestation of the student's disability, and different rules apply regarding disciplinary action. 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 conduct.

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 (i.e., the answer to either of the two key questions is "yes"), the school district cannot proceed with a long-term suspension or expulsion. Instead, the student must be returned to their current placement, unless you and the district agree to a change of placement as part of the IEP process.

Furthermore, if the behavior is deemed a manifestation, the IEP team must conduct a Functional Behavior Assessment (FBA), unless one has already been conducted. An FBA is a systematic process of gathering information about the student's behavior to understand its function – what purpose does the behavior serve for the student? Based on the FBA, the IEP team must develop or revise a Behavior Intervention Plan (BIP) to address the underlying causes of the behavior and teach the student more appropriate ways to meet their needs. The BIP should include specific strategies and interventions to prevent the behavior from occurring in the future.

On the other hand, if the MDR team determines that the behavior is not a manifestation of your child's disability (i.e., the answer to both questions is "no"), the school district may proceed with disciplinary action, including suspension or expulsion. However, even in this case, your child is still entitled to a Free Appropriate Public Education (FAPE). This means the district must continue to provide services that allow your child to continue to participate in the general education curriculum and progress toward their IEP goals during the period of suspension. These services may be provided in an alternative setting, such as a separate classroom or tutoring program.

The 45-Day Interim Alternative Setting

Under certain, very specific circumstances, 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 determined to be a manifestation of the student's disability. These circumstances are limited to situations involving weapons, drugs, or serious bodily injury. Specifically, this applies if the student: (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 a 45-day interim alternative setting, the school district must continue to provide educational services that enable the student to continue to participate in the general education curriculum and progress toward their IEP goals. The IEP team determines the specific services to be provided in the alternative setting.

If you disagree with the decision to place your child in a 45-day interim alternative setting, you have the right to challenge the decision by requesting an expedited due process hearing. This is a faster version of the standard due process hearing, designed to resolve the dispute quickly. You can argue that the circumstances justifying the removal did not exist or that the alternative setting is not appropriate for your child's needs.

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 process of gathering information to determine the function or purpose of a behavior – what need is the student trying to meet through the behavior? This involves observing the student, interviewing teachers and parents, and reviewing records to identify the triggers, consequences, and maintaining factors of the behavior.

The law requires the district to conduct an FBA when a student's behavior impedes their learning or the learning of others, and particularly when the behavior has led to disciplinary action. However, you don't have to wait for a crisis to request an FBA. If you notice a pattern of concerning behaviors, or if you believe your child's current IEP doesn't adequately address their behavioral needs, you can proactively request an FBA from the school district in writing.

Based on the findings of the FBA, the IEP team develops a Behavior Intervention Plan (BIP). A good BIP should include: (1) a clear description of the target behavior; (2) identification of the triggers and maintaining factors of the behavior; (3) specific strategies to prevent the behavior from occurring; (4) teaching strategies to help the student learn more appropriate replacement behaviors; and (5) consequences for the behavior that are consistent and predictable. 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 individualized to your child's specific needs and should be implemented consistently across all settings.

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

When your child is suspended, it's crucial to act quickly to protect their rights. Here's a checklist of steps to take on Day 1:

1. Get the Suspension Notice in Writing: Obtain 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 child's right to an informal conference. 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 for determining when an MDR is required. 3. If Approaching 10 Days, Request MDR in Writing: If the current suspension brings your child close to or over the 10-day cumulative limit, immediately send a written request to the school principal and the CSE office requesting a Manifestation Determination Review (MDR). This puts the district on notice of their obligation to conduct the MDR within the required timeframe. 4. Contact the CSE Office to Request Continuation of Services: Contact the Committee on Special Education (CSE) office to request information about how your child will continue to receive educational services during the suspension. Under the law, your child is entitled to continue making progress on their IEP goals, even while suspended. 5. Consider Escalation: If you believe the school district is not fulfilling its obligations, you have several options for escalating your concerns. You can file a formal State Complaint with the New York State Education Department (NYSED). You can also request an expedited due process hearing to challenge the suspension or the district's failure to provide appropriate services. Document everything, including dates, times, names of people you spoke with, and the content of those conversations. Keep copies of all correspondence.