Even in Sachem CSD, your child with an IEP has discipline protections under the Individuals with Disabilities Education Act (IDEA). If your child is facing a suspension of more than 10 school days, the district must conduct a Manifestation Determination Review.
The 10-Day Rule and Manifestation Determination Reviews (MDRs)
Under IDEA, if Sachem CSD seeks to suspend your child with an IEP for more than 10 school days (whether consecutive or cumulative in a school year) due to disciplinary reasons, the district must convene a Manifestation Determination Review (MDR) within that 10-day period. This applies to suspensions, expulsions, and other changes in placement.
It's crucial to track the number of days your child is suspended. Keep records of all suspensions and communicate proactively with the school and CSE about any disciplinary concerns.
What Happens at a Manifestation Determination Review?
The Manifestation Determination Review (MDR) is conducted by the IEP team, including you as the parent. The team must answer two crucial questions :
- Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child’s disability?
- Was the conduct in question the direct result of the school’s failure to implement the IEP?
The CSE reviews all relevant information, including the child’s IEP, teacher observations, and any relevant information you provide.
If the Behavior IS a Manifestation of the Disability
If the IEP team determines that the behavior was a manifestation of your child's disability or that the school failed to implement the IEP, then Sachem CSD must take immediate steps to address the issue. This includes:
- Conducting a functional behavioral assessment (FBA), unless one has already been conducted.
- Implementing a behavior intervention plan (BIP) for the child.
- Reviewing and modifying the existing IEP to better meet the child’s needs.
- Returning the child to their placement prior to the disciplinary action, unless you and the district agree to a change of placement as part of the IEP team’s decision.
Challenging Disciplinary Actions: NY's Impartial Hearing Process
If you disagree with the outcome of the Manifestation Determination Review or any disciplinary action taken by Sachem CSD, you have the right to challenge the decision through an impartial hearing. In New York State, these hearings are conducted by an impartial hearing officer (IHO).
To request an impartial hearing, you must file a written request with Sachem CSD and NYSED within specific timelines outlined in Part 200 of the Regulations of the Commissioner of Education. The request must specify the issues you are disputing. You have the right to present evidence, call witnesses, and be represented by an attorney or advocate at the hearing.
When to Get Legal Help Immediately
- Multiple short-term suspensions
- District refuses to conduct an FBA/BIP
- IEP is not being followed
- Discipline disproportionately impacts your child
Frequently Asked Questions
Sachem CSD parents askWhat is the purpose of a Manifestation Determination Review (MDR)?
The MDR determines if your child's behavior leading to disciplinary action was caused by their disability or by the district's failure to implement their IEP. It protects students with disabilities from being unfairly punished for behaviors related to their disability.
How do I request an impartial hearing in New York?
To request an impartial hearing, you must file a written request with both Sachem CSD and NYSED, clearly stating the issues you are disputing and the relief you are seeking. Strict timelines apply, as outlined in Part 200 of the Regulations of the Commissioner of Education.
What if Sachem CSD fails to conduct a Manifestation Determination Review when required?
If Sachem CSD fails to conduct a Manifestation Determination Review within the required timeframe, it is a violation of IDEA. You can file a complaint with NYSED and/or pursue an impartial hearing to address the procedural violation and seek appropriate remedies.
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