Discipline Rights & the Manifestation Determination Review

Student Discipline Rights in Rochester City SD: A Guide for Parents

As a parent of a child with an IEP in the Rochester City School District (RCSD), navigating the school's disciplinary procedures can feel overwhelming, especially when a suspension is involved. It's crucial to understand your child's rights and how the district is obligated to support students with disabilities, even when disciplinary action is taken. This guide will walk you through the key aspects of discipline for students with IEPs in RCSD, focusing on your rights and how to advocate for your child.

This page is designed to provide you with actionable information if your child has just been suspended. We'll cover short-term suspensions, Manifestation Determination Reviews (MDRs), Functional Behavioral Assessments (FBAs), Behavior Intervention Plans (BIPs), and what steps you should take immediately following a suspension. Remember, you are your child's strongest advocate, and understanding these procedures is the first step in ensuring their rights are protected.

Short-Term Suspensions: The 10-Day Rule

In New York State, and specifically within the Rochester City School District, a key concept to understand is the "10-day rule." This rule states that a school can suspend a student for up to 10 cumulative school days in a single academic year without triggering a Manifestation Determination Review (MDR). This means that if your child has been suspended for a day here or there, and the total number of suspension days hasn't exceeded 10, the district isn't automatically required to conduct an MDR.

However, even for these short-term suspensions, your child still has rights. New York Education Law §3214 governs suspensions in New York State. For suspensions of five days or fewer, the law requires that the student and the person in parental relation receive oral or written notice of the charges against the student and an opportunity to be heard in respect to such charges. For suspensions exceeding five days, but still under the 10-day MDR trigger, the student is entitled to a superintendent's hearing with more formal due process protections. Contact the district to confirm their specific procedures for short-term suspensions.

Even if the district isn't required to hold an MDR, it's important to remember that your child is still entitled to a Free Appropriate Public Education (FAPE). This means that even during a short-term suspension, the district should consider whether services are necessary to ensure your child continues to make progress on their IEP goals. Don't hesitate to contact your child's special education teacher or case manager to discuss how to maintain educational progress during the suspension.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical safeguard for students with IEPs facing more significant disciplinary action. An MDR is required when a student with an IEP is facing a suspension that will result in more than 10 cumulative school days of removal 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 suspensions that, taken together, create a significant disruption to the student's learning and access to their IEP. Contact the district to confirm how they define "change of placement" in relation to disciplinary actions.

The purpose of the MDR is to determine if the student's behavior that led to the suspension is a manifestation of their disability, or if it was a direct result of the district's failure to properly implement the student's IEP. This is a crucial distinction because if the behavior is a manifestation of the disability or due to IEP implementation failure, the district cannot proceed with a long-term suspension.

The MDR team typically includes the parent(s)/guardian(s), relevant school personnel (such as the student's special education teacher, general education teacher, and a school administrator), and, when appropriate, the student themselves. The district's Committee on Special Education (CSE) office will coordinate the MDR meeting.

During the MDR, the team will review all relevant information, including the student's IEP, any evaluations or assessments, teacher observations, and information provided by the parents. The team will then address two key questions:

1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the student's disability? 2. Was the conduct a direct result of the district's failure to implement the student's IEP?

The MDR must be conducted within 10 school days of the decision to take disciplinary action that would result in a change of placement. It is vital to attend this meeting and actively participate, bringing any relevant information or concerns you have about your child's behavior and the implementation of their IEP.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for your child's disciplinary process. There are two possible outcomes, each with its own set of consequences and required actions.

Outcome 1: Behavior IS a Manifestation

If the MDR team determines that the student's behavior was caused by or substantially related to their disability, or that it was a 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 (beyond the initial 10 days).

Instead, the district is required to take immediate steps to address the underlying issues contributing to the behavior. This includes:

• Returning the student to their original placement: , unless the parents and the district agree to a change of placement as part of the IEP process. * Conducting a Functional Behavioral Assessment (FBA) , unless one has already been conducted. An FBA is a process of identifying the triggers, functions, and maintaining factors of the student's behavior. * Developing or revising a Behavior Intervention Plan (BIP) . The BIP outlines specific strategies and interventions to address the student's behavior and teach them more appropriate replacement behaviors.

Outcome 2: Behavior is NOT a Manifestation

If the MDR team determines that the student's behavior was not caused by or substantially related to their disability, and that it was not a 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 suspension exceeding 10 days. However, even if the district suspends your child, they are still obligated to provide a Free Appropriate Public Education (FAPE). This means that the district must provide services that allow your child to continue to participate in the general education curriculum and progress toward their IEP goals during the suspension. These services could include tutoring, alternative assignments, or other supports.

It's crucial to understand that even with a "not a manifestation" determination, your child's right to FAPE remains. You should work with the district to ensure that appropriate services are in place to support your child's continued learning during the suspension.

The 45-Day Interim Alternative Setting

In specific, serious situations, the Rochester City 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 situations are limited to:

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

Even in these circumstances, it's important to remember that your child's right to FAPE is not suspended. The district must provide services in the interim alternative setting that allow your child to continue to participate in the general education curriculum and progress toward their IEP goals. This could include academic instruction, counseling, and other supports as determined by the IEP team.

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 standard due process hearing, designed to resolve the issue quickly. You should contact an attorney or advocate experienced in special education law to assist you with this process.

FBAs and Behavior Intervention Plans

Functional Behavioral Assessments (FBAs) and Behavior Intervention Plans (BIPs) are essential tools for understanding and addressing challenging behaviors in students with IEPs.

An FBA is a systematic process of identifying the function or purpose of a student's behavior. It seeks to answer the question: "Why is this student engaging in this behavior?" The FBA looks at the antecedents (what happens before the behavior), the behavior itself, and the consequences (what happens after the behavior) to determine the triggers, maintaining factors, and function of the behavior.

The Rochester City School District is required to conduct an FBA when:

* A student's behavior impedes their learning or the learning of others. * The student is facing disciplinary action that could result in a suspension of more than 10 school days, and an FBA has not already been conducted. * The MDR team determines that the student's behavior was a manifestation of their disability.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. The BIP outlines specific strategies and interventions to address the student's behavior and teach them more appropriate replacement behaviors. A good BIP should include:

• Clear and measurable goals: What specific behaviors are being targeted for change? * Antecedent strategies: What can be done to prevent the behavior from occurring in the first place? This might include modifying the environment, providing pre-teaching, or using visual supports. * Replacement behaviors: What appropriate behavior can the student learn to use instead of the challenging behavior? * Consequence strategies: How will the student be reinforced for engaging in the replacement behavior? What will happen if the student engages in the challenging behavior? * Data collection methods: How will the team track the student's progress and determine if the BIP is effective?

Even if your child isn't facing disciplinary action, you can proactively request an FBA from the district if you are concerned about their behavior. If you believe your child's behavior is interfering with their learning or the learning of others, put your request in writing to the school principal and the CSE office.

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

If your child has been suspended from school in the Rochester City School District, it's important to take immediate action to protect their rights and ensure they receive the support they need. Here's a checklist of steps to take on Day 1:

1. Get the Suspension Notice in Writing: Request a written copy of the suspension notice from the school administration. This notice should include the reason for the suspension, the length of the suspension, and your rights as a parent.

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: If your child's current suspension, combined with previous suspensions, is approaching or exceeds 10 cumulative school days, immediately send a written request to the school principal and the CSE office requesting a Manifestation Determination Review. This will trigger the MDR process and protect your child's rights.

4. Contact the CSE Office to Request Continuation of Services: Regardless of the length of the suspension, contact your child's special education teacher or the CSE office to discuss how your child will continue to receive educational services during the suspension. As mentioned earlier, your child is entitled to FAPE, which means the district must provide services to allow them to continue to make progress on their IEP goals, even while suspended.

5. Escalation: If you believe the district is violating 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 state or federal special education laws. * Expedited Due Process Hearing: If you disagree with the district's decision regarding the suspension or the provision of services, you can request an expedited due process hearing. This is a more formal legal process where you can present evidence and arguments to an impartial hearing officer. Contact an attorney or advocate experienced in special education law to assist you with this process.

Remember, you are your child's strongest advocate. By understanding your rights and taking proactive steps, you can ensure that your child receives the support and services they need to succeed, even in the face of disciplinary action.