Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in Syracuse City SD: A Parent's Guide

If your child with an IEP has just been suspended from school in the Syracuse 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 information about your child's rights and the steps you should take to protect them. We'll focus on suspensions, Manifestation Determination Reviews (MDRs), and your due process rights under New York State Education Law and the Individuals with Disabilities Education Act (IDEA). Remember, you are your child's best advocate, and understanding these rights is the first step in ensuring they receive a fair and appropriate education.

The Syracuse City School District, like all districts in New York State, must adhere to specific procedures when disciplining students with IEPs. These procedures are in place to ensure that a student's disability is considered when addressing behavioral issues and that their right to a Free Appropriate Public Education (FAPE) is protected, even during disciplinary actions. Don't hesitate to contact the district's special education department or seek legal counsel if you feel your child's rights are being violated.

Short-Term Suspensions: The 10-Day Rule

In the Syracuse City School District, as in all New York districts, your child can be suspended for up to 10 cumulative school days in a school year without triggering a Manifestation Determination Review (MDR). This is often referred to as the "10-day rule." This means the school can remove your child for disciplinary reasons for a short period without automatically requiring a formal review to determine if the behavior is related to their disability.

However, it's crucial to keep track of the number of days your child has been suspended throughout the school year. Once your child exceeds 10 cumulative days of suspension, even if those suspensions were for different incidents, it triggers additional protections under IDEA. Even before the 10-day mark, the district still has an obligation to provide services if the suspension constitutes a pattern of exclusion. Contact the Syracuse City SD special education department to confirm their policy on providing services during short-term suspensions.

New York Education Law Section 3214 outlines the notice requirements for short-term suspensions. The school must provide you with written notification of the suspension, including the reasons for the suspension and the period of time for which it will be in effect. You also have the right to an informal conference with the principal or other school official to discuss the suspension. Make sure you receive this notice and exercise your right to be heard.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a suspension exceeds 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" doesn't just mean a change in school building; it refers to any significant removal from the student's typical educational setting. The key question is whether the series of suspensions creates a pattern that effectively denies the student access to their education.

The MDR meeting must be held within 10 school days of the decision to take disciplinary action that constitutes a change of placement. The IEP team, including you as the parent, relevant school personnel (such as the principal, special education teacher, and any related service providers), and the student (when appropriate), must attend the MDR meeting. The purpose of the meeting is to answer two critical questions:

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

Both questions must be carefully considered. If the answer to either question is "yes," the behavior is considered a manifestation of the student's disability.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for how the Syracuse City School District can proceed with disciplinary action. If the IEP team determines that the student's behavior is a manifestation of their disability, the district cannot proceed with a long-term suspension (more than 10 days) or expulsion. Instead, the student must be returned to their original placement, unless the parents and the district agree to a change of placement as part of the IEP process.

Furthermore, if the behavior is a manifestation, the IEP team must conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted. If an FBA is already in place, the team must review the FBA and Behavior Intervention Plan (BIP) and revise them as necessary to address the behavior. The goal is to identify the function of the behavior and develop strategies to prevent it from happening again.

On the other hand, if the IEP team determines that the student's behavior is not a manifestation of their disability, the district may proceed with the disciplinary action, including a suspension of more than 10 days. However, even if the suspension is deemed appropriate, the Syracuse City School District is still responsible for providing FAPE to your child. This means that your child is entitled to continue receiving educational services that allow them to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in their IEP. Contact the district's special education office to confirm what services will be provided and where.

The 45-Day Interim Alternative Setting

In certain, very specific circumstances, the Syracuse 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 a manifestation of their disability. These circumstances are limited to situations involving:

* 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 situations, the district cannot simply remove your child without providing due process. You have the right to challenge the decision to place your child in an interim alternative setting through an expedited due process hearing.

Importantly, even during a 45-day removal to an interim alternative setting, the Syracuse City School District must continue to provide your child with FAPE. This includes providing services that enable your child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in their IEP. The IEP team determines what services are appropriate and where they will be provided.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a critical tool for understanding and addressing challenging behaviors exhibited by students with IEPs. The Syracuse City School District is required to conduct an FBA when a student's behavior impedes their learning or the learning of others. This is especially important when considering disciplinary actions.

The FBA process involves gathering information about the student's behavior, including what triggers the behavior, what happens during the behavior, and what consequences follow. This information is used to identify the function or purpose of the behavior – what the student is trying to achieve through their actions.

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

* Strategies for preventing the behavior from occurring in the first place (antecedent strategies). * Teaching replacement behaviors that serve the same function as the challenging behavior. * Strategies for responding to the behavior when it does occur (consequence strategies). * A plan for monitoring the effectiveness of the interventions.

As a parent, you have the right to request an FBA for your child proactively, even if they haven't been suspended. If you believe your child's behavior is interfering with their learning, or if you are concerned that their behavior may lead to disciplinary action, put your request for an FBA in writing to the school principal and the special education department. This can help to address potential problems before they escalate into a crisis.

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

If your child has been suspended from school in the Syracuse City School District, here's a checklist of immediate steps you should take to protect their rights:

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 reason for the suspension, the length of the suspension, and your right to an informal conference. 2. Count Cumulative Suspension Days: Keep a record of the number of days your child has been suspended during the current school year. This is crucial 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 special education department requesting a Manifestation Determination Review (MDR) if any further suspension is contemplated. This will ensure that the MDR is conducted within the required timeframe. 4. Contact the CSE Office: Contact the Committee on Special Education (CSE) office for the Syracuse City School District. Inquire about the continuation of services during the suspension. Your child is entitled to FAPE, which means they should continue to receive services that allow them to progress toward their IEP goals, even while suspended. 5. Escalation: If you believe the Syracuse City School 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). This complaint must allege a violation of IDEA or state special education regulations. * Expedited Due Process Hearing: You have the right to request an expedited due process hearing to challenge the district's actions. This is a more formal legal process that involves presenting evidence and arguments to an impartial hearing officer.

Remember, you are your child's strongest advocate. By understanding your rights and taking these steps, you can help ensure that your child receives a fair and appropriate education, even in the face of disciplinary action. Don't hesitate to seek legal advice from a special education attorney if you need assistance navigating this process.