Discipline Rights & the Manifestation Determination Review

Student Discipline Rights in Schenectady City SD: A Guide for Parents of Students with IEPs

If your child with an IEP has just been suspended from school in Schenectady City School District, 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. Schenectady City SD, like all districts in New York State, must adhere to specific procedures when disciplining students with disabilities. Understanding these procedures is crucial to advocating effectively for your child. Remember, New York Education Law 3214 governs suspensions in New York State, and the Individuals with Disabilities Education Act (IDEA) provides additional protections for students with IEPs.

This guide will walk you through the key aspects of discipline for students with IEPs, including short-term suspensions, Manifestation Determination Reviews (MDRs), Interim Alternative Educational Settings (IAES), Functional Behavior Assessments (FBAs), and Behavior Intervention Plans (BIPs). We'll also provide a "Day 1 Checklist" to help you navigate the initial steps after a suspension.

Short-Term Suspensions: The 10-Day Rule

Schenectady City SD can suspend your child for up to 10 cumulative school days in a school year without triggering a formal Manifestation Determination Review (MDR). This is often referred to as the "10-day rule." It's important to track the number of days your child has been suspended throughout the year. Keep a record of each suspension, noting the dates and the reasons given by the school.

Even for suspensions under 10 days, Schenectady City SD is required 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. New York Education Law 3214 outlines these notice requirements. The district must inform you of the charges against your child and give them an opportunity to present their side of the story.

While an MDR isn't required for suspensions totaling 10 days or less, your child is still entitled to a Free Appropriate Public Education (FAPE). Depending on the length and nature of the suspension, the IEP team should determine whether your child requires continued services to make progress on their IEP goals. Contact the Committee on Special Education (CSE) office to advocate for these services.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical process that determines whether your child's behavior leading to the suspension is related to their disability. An MDR is required when your child faces a suspension exceeding 10 cumulative school days in a school year, or when a series of shorter suspensions creates a pattern of exclusion that constitutes a change of placement. A "change of placement" can also occur if the student is removed to an interim alternative educational setting (IAES) for more than 45 school days because of weapons, drugs, or serious bodily injury.

The MDR team typically includes you (the parent/guardian), relevant school personnel such as your child's teachers, special education staff, and IEP team members, and the student (when appropriate). The district is required to conduct the MDR within 10 school days of the decision to change the student's placement due to a disciplinary action.

During the MDR, the team addresses 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 Schenectady City SD's failure to implement your child's IEP?

If the answer to either of these questions is "yes," the behavior is considered a manifestation of your child's disability.

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, Schenectady City SD cannot proceed with a long-term suspension (more than 10 days). Instead, the district must take immediate steps to address the underlying causes of the behavior.

Specifically, the district must:

* Immediately return your child to their previous placement (unless you and the district agree to a change of placement as part of the IEP process). * Conduct a Functional Behavior Assessment (FBA), if one hasn't already been completed, or review and revise the existing FBA. * Develop or revise a Behavior Intervention Plan (BIP) to address the problematic behavior. The BIP should include strategies and supports to help your child learn appropriate behaviors and prevent future incidents.

If the MDR team determines that the behavior is not a manifestation of your child's disability, Schenectady City SD may proceed with the disciplinary action, including a suspension. However, even in this case, your child is still entitled to a Free Appropriate Public Education (FAPE). The district must ensure that your child continues to receive educational services that allow them to participate in the general education curriculum and progress toward their IEP goals during the suspension. Contact the CSE office to ensure these services are in place.

The 45-Day Interim Alternative Setting

In very specific circumstances, Schenectady City SD can remove your child to an Interim Alternative Educational Setting (IAES) for up to 45 school days, regardless of whether the behavior is a manifestation of their disability. These circumstances are limited to situations involving:

* Weapons: Your child brought a weapon to school or possessed a weapon at school. * Drugs: Your child knowingly possessed or used illegal drugs, or sold or solicited the sale of a controlled substance, at school. * Serious Bodily Injury: Your child inflicted serious bodily injury upon another person at school.

Even when a student is placed in an IAES, Schenectady City SD must continue to provide educational services that enable the student to continue to participate in the general education curriculum and to progress toward meeting the goals set out in the student's IEP. The IAES must also address the behaviors that led to the disciplinary action, so that the student is prepared to return to their regular placement.

If you disagree with the decision to place your child in an IAES, you have the right to challenge the decision by requesting an expedited due process hearing. This hearing is conducted more quickly than a standard due process hearing, allowing for a faster resolution of the dispute. Contact an attorney or advocate to assist you with this process.

FBAs and Behavior Intervention Plans

A Functional Behavior Assessment (FBA) is a process used to identify the reasons behind a student's challenging behavior. It looks at what happens before, during, and after the behavior to understand its function or purpose for the student. Schenectady City SD is required to conduct an FBA when a student's behavior impedes their learning or the learning of others.

A Behavior Intervention Plan (BIP) is developed based on the findings of the FBA. A good BIP should include:

* A clear description of the target behavior. * Identification of the triggers or antecedents that lead to the behavior. * Strategies for preventing the behavior from occurring. * Positive reinforcement techniques to reward desired behaviors. * Strategies for responding to the behavior when it does occur, focusing on de-escalation and safety. * A plan for monitoring and evaluating the effectiveness of the BIP.

As a parent, you have the right to request an FBA for your child at any time, even before a crisis occurs. If you notice a pattern of concerning behaviors, or if you believe your child's current IEP doesn't adequately address their behavioral needs, put your request for an FBA in writing to the school principal and the CSE. Proactively addressing behavioral concerns can prevent future disciplinary issues and ensure your child receives the support they need to succeed.

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

When your child is suspended from school in Schenectady City SD, it's crucial to take immediate action to protect their rights. Here's a "Day 1 Checklist" to guide you:

1. Get the Suspension Notice in Writing: Request a written copy of the suspension notice from the school principal or administrator. This notice should include the specific 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 essential for determining when an MDR is required. 3. If Approaching 10 Days, Request MDR in Writing: If your child is approaching 10 cumulative days of suspension, immediately send a written request to the school principal and the CSE requesting a Manifestation Determination Review (MDR). This will ensure the process is initiated promptly if the 10-day threshold is reached. 4. Contact the CSE Office: Contact the Committee on Special Education (CSE) office in Schenectady City SD to request a continuation of services during the suspension. Advocate for your child to receive the necessary support to continue making progress on their IEP goals. 5. Consider Escalation: If you believe Schenectady City SD 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 IDEA regulations. * Expedited Due Process Hearing: If you disagree with the district's decisions regarding discipline or services, you can request an expedited due process hearing to resolve the dispute. This is particularly relevant if you disagree with an IAES placement.

Remember, you are your child's strongest advocate. By understanding your child's rights and taking proactive steps, you can ensure they receive the appropriate support and educational services, even during disciplinary actions. Contact an attorney or advocate specializing in special education law for assistance navigating these complex issues.