Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs — Poughkeepsie City SD

Poughkeepsie City School District, serving the students of Poughkeepsie in Dutchess County, is committed to providing a safe learning environment. If your child with an IEP has been suspended, it's crucial to understand your rights and the specific procedures the district must follow. This guide provides actionable steps you can take immediately to ensure your child's rights are protected and their education continues. New York State and federal laws, including the Individuals with Disabilities Education Act (IDEA), provide specific protections for students with disabilities facing disciplinary actions. This isn't just about discipline; it's about ensuring your child receives the Free Appropriate Public Education (FAPE) they are entitled to, even when facing disciplinary consequences.

If your child has just been suspended, the first thing to remember is: you are not alone. Many parents face similar situations. This guide will walk you through the key aspects of discipline for students with IEPs in Poughkeepsie City SD, including Manifestation Determination Reviews (MDRs), short-term suspensions, and your rights to challenge the district's decisions. We'll also provide a checklist of actions you should take immediately to protect your child's educational rights. Remember, time is of the essence, so let's get started.

Short-Term Suspensions: The 10-Day Rule

In Poughkeepsie City SD, as in all New York State school districts, there's a critical distinction between short-term and long-term suspensions when it comes to students with IEPs. The first key concept to understand is the "10-day rule." Your child can be suspended for up to 10 cumulative school days in a school year without triggering a Manifestation Determination Review (MDR). This means that if your child has multiple suspensions that add up to 10 days or less, the district doesn't automatically have to determine if the behavior was related to their disability.

However, even for these short-term suspensions, your child's right to FAPE still exists. While a full MDR might not be required, the district still has a responsibility to consider whether your child needs continued educational services during the suspension to ensure they don't fall behind on their IEP goals. Contact the Committee on Special Education (CSE) office to discuss whether your child will receive services during the suspension.

It's also important to be aware of the notice requirements for short-term suspensions under New York Education Law 3214. The school must inform you of the reason for the suspension and give your child an opportunity to explain their side of the story. For suspensions of five days or fewer, the superintendent or school principal must provide written notification to you regarding the suspension and the reasons for it. For suspensions exceeding five days, a superintendent's hearing is required, offering more formal due process protections. This hearing allows you to present evidence and witnesses on your child's behalf.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical process that protects students with IEPs from being unfairly disciplined for behavior that is related to their disability. An MDR is required when a suspension exceeds 10 cumulative school days in a school year, or when there is a pattern of removals that constitute a change of placement. A "change of placement" isn't just about the number of days; it also considers factors like the length of each removal, the total amount of time the student is removed, and how close together the removals are. If the district is removing your child frequently, even for short periods, this could still trigger an MDR. Contact the district to confirm their specific policies on what constitutes a "change of placement."

The MDR team is comprised of key individuals who know your child and their IEP. This must include you, as the parent, and relevant members of your child's IEP team, as determined by you and the school district. Other attendees might include your child's special education teacher, general education teacher, a school psychologist, and any other professionals who can provide valuable insight into your child's behavior and IEP implementation.

During the MDR, the team will review all relevant information in your child's file, including the IEP, any behavioral data, teacher observations, and any information you provide. The central purpose of the MDR is to answer two crucial questions:

1. Was the behavior caused by, or did it have a direct and substantial relationship to, your child's disability? 2. Was the behavior a direct result of the school district's failure to implement your child's IEP?

The district is legally obligated to conduct the MDR within 10 school days of the decision to change your child's placement due to a violation of the code of student conduct. This timeline is crucial, so make sure the school adheres to it. If the MDR is not conducted within this timeframe, it could be grounds to challenge the suspension.

The Two MDR Outcomes

The Manifestation Determination Review (MDR) will have one of two possible outcomes, each with significant implications for your child's disciplinary process and educational future.

Outcome 1: Behavior IS a Manifestation of the Disability

If the MDR team determines that the behavior was caused by or substantially related to your child's disability, or that it was a direct result of the district's failure to implement the IEP, the behavior is considered a "manifestation" of the disability. This means the school cannot proceed with a long-term suspension as they would for a student without an IEP.

In this case, the district must take immediate steps to address the underlying causes of the behavior. This typically involves:

• Returning your child to their original placement: Unless you and the district agree to a change of placement as part of the IEP review. * Conducting or reviewing a Functional Behavioral Assessment (FBA): If one hasn't been done already, the district must conduct an FBA to understand the function of the behavior (i.e., what purpose it serves for your child). * Developing or revising a Behavior Intervention Plan (BIP): Based on the FBA, the district must create or modify a BIP that includes strategies to address the behavior and teach your child more appropriate ways to respond.

Outcome 2: Behavior is NOT a Manifestation of the Disability

If the MDR team determines that the behavior was not caused by or substantially related to your child's disability, and that it was not a direct result of the district's failure to implement the IEP, the district may proceed with the disciplinary action, including a suspension.

However, even if the behavior is not a manifestation, your child's right to FAPE still applies. 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 suspension. This might include providing alternative assignments, tutoring, or other supports. Make sure to actively communicate with the CSE to ensure your child receives these services.

The 45-Day Interim Alternative Setting

There are very specific and limited circumstances in which Poughkeepsie City SD can remove your child from their current placement for up to 45 school days, regardless of whether the behavior is a manifestation of their disability. These circumstances involve:

• Weapons: If your child brings a weapon to school or possesses a weapon at school. * Drugs: If your child 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: If your child has inflicted serious bodily injury upon another person while at school or a school function.

Even in these situations, the district cannot simply remove your child without providing educational services. During this 45-day interim alternative educational setting, the district must provide services that enable your child 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. This could involve placement in a special class, tutoring, or other appropriate supports.

If you disagree with the district's decision to place your child in an interim alternative setting, you have the right to challenge this decision through an expedited due process hearing. This is a faster process than a typical due process hearing, designed to resolve the issue quickly. 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 why your child is engaging in certain behaviors. It goes beyond simply describing the behavior; it seeks to identify the triggers, the function the behavior serves for your child (e.g., to gain attention, escape a task, or sensory stimulation), and the consequences that maintain the behavior.

Poughkeepsie City SD is required to conduct an FBA when a student's behavior impedes their learning or the learning of others. This is particularly important for students with IEPs, as behavior is often linked to their disability. The FBA should be conducted by qualified professionals who have experience in behavioral assessment.

Based on the findings of the FBA, the district must develop a Behavior Intervention Plan (BIP). A good BIP should include:

• Clear descriptions of the target behaviors: What specific behaviors are being addressed? * Antecedent strategies: What can be done to prevent the behavior from occurring in the first place? This might involve modifying the environment, providing accommodations, or teaching coping skills. * Replacement behaviors: What appropriate behaviors can your child learn to use instead of the target behaviors? * Consequence strategies: How will the school respond when the target behavior occurs? This should focus on positive reinforcement for appropriate behavior and consistent, non-punitive responses to inappropriate behavior. * Data collection methods: How will the school track the effectiveness of the BIP?

You don't have to wait for a crisis to request an FBA. If you see a pattern of behavior emerging that is concerning, you can proactively request an FBA from the CSE. A proactive FBA can help to identify and address potential problems before they escalate into more serious disciplinary issues. Put your request in writing and keep a copy for your records.

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

If your child with an IEP has been suspended in Poughkeepsie City SD, it's essential to take immediate action to protect their rights and ensure their education continues. Here's a checklist of what to do on Day 1:

1. Get the Suspension Notice in Writing: Obtain a written notice of the suspension from the school principal or superintendent. This notice should clearly state the reason for the suspension, the length of the suspension, and the specific violation of the school's code of conduct. 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 Immediately: If the current suspension will bring your child's total suspension days for the year to more than 10, immediately send a written request to the CSE for a Manifestation Determination Review. This request should be sent via certified mail with return receipt requested, or via email with a read receipt, so you have proof that the district received it. 4. Contact the CSE Office to Request Continuation of Services: Regardless of the length of the suspension, contact the CSE office to request information about how your child will receive FAPE during the suspension. This includes access to the general education curriculum and progress toward their IEP goals. Document all communication with the CSE. 5. Escalation Options: If you believe the district is violating your child's rights, you have several options for escalating the issue: * 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 regulations. * Expedited Due Process Hearing: If you disagree with the district's decision regarding the suspension or the MDR, you can request an expedited due process hearing. This is a more formal legal process where you can present evidence and witnesses to challenge the district's actions. 6. Consult with an Attorney or Advocate: Consider consulting with an attorney or advocate experienced in special education law. They can provide guidance on your rights and options, and represent you in negotiations or legal proceedings with the district.

Remember, acting quickly and documenting everything is essential when your child is suspended. By understanding your rights and taking the necessary steps, you can ensure that your child receives the education and support they are entitled to under the law.