Even within Patchogue-Medford UFSD, students with IEPs have specific protections under the law when facing disciplinary actions. These protections trigger when a student is removed for more than 10 school days.
The 10-Day Rule and Manifestation Determination Reviews (MDRs) in Patchogue-Medford UFSD
Federal law requires Patchogue-Medford UFSD to conduct a Manifestation Determination Review (MDR) if a student with an IEP is (or is about to be) removed from their current placement for more than 10 school days (whether consecutive or cumulative in a school year). This also applies if there is a pattern of removals that total less than 10 days but create a significant change of placement. Contact the school immediately if your child is approaching 10 days of suspension.
The 10-day count includes:
- Any suspension from school.
- Any in-school suspension where the student is removed from their typical classroom setting.
- Any other removal from the student's current placement for disciplinary reasons.
What Happens at a Manifestation Determination Review
At the MDR meeting, the Committee on Special Education (CSE) in Patchogue-Medford UFSD must answer two critical questions:
- Was the conduct in question caused by, or did it have a direct and substantial relationship to, the student's disability?
- Was the conduct in question the direct result of the Patchogue-Medford UFSD's failure to implement the IEP?
The CSE will review all relevant information, including the student's IEP, teacher observations, and any relevant medical or psychological information. Both questions must be answered affirmatively for the behavior to be considered a manifestation of the student's disability.
If the Behavior IS a Manifestation of the Disability
If the CSE determines that the behavior was a manifestation of the student's disability, Patchogue-Medford UFSD must take immediate steps to address the behavior. This typically includes:
- Conducting a Functional Behavioral Assessment (FBA), unless one has already been conducted.
- Developing or revising a Behavior Intervention Plan (BIP) to address the behavior.
- Returning the student to their original placement, unless the parents and Patchogue-Medford UFSD agree to a change of placement as part of the IEP process.
Challenging Disciplinary Actions Through NY Impartial Hearings
If you disagree with the outcome of the Manifestation Determination Review or any disciplinary action taken by Patchogue-Medford UFSD, you have the right to challenge the decision through an impartial hearing. In New York State, this involves filing a request for an impartial hearing with NYSED. An impartial hearing officer (IHO) will be assigned to hear your case and make a determination. The IHO's decision is binding, subject to appeal.
Important Considerations:
- There are strict timelines for filing an impartial hearing request.
- You have the right to present evidence and witnesses at the hearing.
- You have the right to be represented by an attorney or advocate.
When to Get Legal Help Immediately
- Multiple suspensions in a short time frame
- The district is not following the IEP
- Denial of parent participation in the MDR process
- The district is pressuring you to change your child's placement after a disciplinary incident
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Frequently Asked Questions
Patchogue-Medford UFSD parents askWhat is a Manifestation Determination Review (MDR)?
A Manifestation Determination Review is a meeting held by the CSE to determine if a student's behavior that led to disciplinary action was caused by their disability or the district's failure to properly implement the IEP. This is required when a student faces a suspension of more than 10 days.
How do I request an impartial hearing in New York State to challenge a disciplinary decision by Patchogue-Medford UFSD?
To request an impartial hearing, you must file a written request with NYSED, following the procedures outlined in Part 200 of the Regulations of the Commissioner of Education. The request must clearly state the basis for your disagreement with the district's decision.
What happens if the MDR determines the behavior was NOT a manifestation of my child's disability?
If the CSE determines the behavior was not a manifestation, Patchogue-Medford UFSD can discipline your child in the same way as a student without a disability, with some limitations. However, the district must still provide Free Appropriate Public Education (FAPE), even during the disciplinary period.
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