Discipline Rights & the Manifestation Determination Review

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

If you're reading this, it's likely your child with an IEP has just been suspended from school in the White Plains City School District. This can be a stressful and confusing time. It's crucial to understand your child's rights and the steps you can take to ensure they receive the appropriate support and educational services they are entitled to under the law. This guide will walk you through the key aspects of discipline for students with IEPs in White Plains, focusing on your rights and how to advocate effectively for your child. Remember, you are not alone, and there are resources available to help you navigate this process.

The Individuals with Disabilities Education Act (IDEA) and New York State Education Law provide significant protections for students with disabilities facing disciplinary action. These laws aim to ensure that students are not punished for behaviors related to their disability and that they continue to receive a Free Appropriate Public Education (FAPE) even when facing suspension. White Plains City SD must adhere to these regulations, and understanding them is the first step in advocating for your child. This guide will help you understand the disciplinary process, Manifestation Determination Reviews (MDRs), and your due process rights within the White Plains City SD context. Let's get started.

Short-Term Suspensions: The 10-Day Rule

White Plains City SD, like all districts in New York, can suspend a student 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, as this limit applies to cumulative days, not just consecutive ones. For example, if your child has had two 3-day suspensions and one 4-day suspension, they have reached the 10-day threshold.

Even for these short-term suspensions, White Plains City SD must follow certain procedures outlined in New York Education Law § 3214. This includes providing you with written notice of the suspension, explaining the reasons for the disciplinary action, and informing you of your child's right to an informal conference with the principal or other school official. The notice should be provided as soon as practicable. While an MDR is not required for suspensions under 10 days, it's still crucial to ensure your child continues to receive appropriate educational services. Contact the Committee on Special Education (CSE) office in White Plains City SD to discuss how your child's IEP will be implemented during the suspension and to request any necessary support to prevent further academic disruption.

It's important to remember that even if the suspension is less than 10 days, the district still has a responsibility to provide FAPE. This may include providing homework assignments, access to online learning resources, or other supports to help your child keep up with their studies. If you believe your child is not receiving adequate support during a short-term suspension, you have the right to advocate for additional services. Keep detailed records of all communication with the school and any missed assignments or learning opportunities.

When an MDR Is Required

A Manifestation Determination Review (MDR) is required when a student with an IEP faces a suspension exceeding 10 school days, or when there is a pattern of suspensions that, while individually shorter, cumulatively create a change of placement. A "change of placement" is a significant alteration in the student's educational environment. A pattern of short-term suspensions can constitute a change of placement if they are frequent, create a significant disruption to the student's learning, and resemble a more extended suspension. The determination of whether a series of short-term suspensions constitutes a change of placement is made on a case-by-case basis, considering factors such as the length of each suspension, the proximity of the suspensions to one another, and the total amount of time the student is excluded from school.

The MDR meeting must be conducted 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 (teachers, administrators, psychologists, and other specialists who know your child and their IEP), and potentially outside experts, will participate in the MDR. The purpose of the MDR 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 White Plains City SD's failure to implement the student's IEP?

Both questions must be carefully considered. The team will review the student's IEP, relevant evaluations, observations, and any information you provide. If the answer to either question is "yes," the behavior is considered a manifestation of the student's disability. This has significant implications for the disciplinary action that can be taken. It is crucial to prepare thoroughly for the MDR meeting by gathering any relevant documentation, such as medical records, independent evaluations, or communication logs with school staff.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant consequences for your child's disciplinary process. If the IEP team determines that the behavior is a manifestation of your child's disability (i.e., the answer to either of the two MDR questions is "yes"), the White Plains City SD cannot proceed with a long-term suspension (more than 10 days). In this case, the student must be returned to their current placement unless the parent and the district agree to a change of placement as part of the IEP review.

Furthermore, the district must take immediate steps to address the underlying causes of the behavior. This typically involves reviewing and revising the student's Functional Behavioral Assessment (FBA) and Behavior Intervention Plan (BIP). The goal is to develop strategies and supports to prevent the behavior from recurring in the future. The revised BIP should be implemented consistently and monitored closely to ensure its effectiveness. You, as the parent, are a critical part of this process and should actively participate in the development and implementation of the revised FBA and BIP.

On the other hand, if the IEP team determines that the behavior is not a manifestation of your child's disability (i.e., the answer to both MDR questions is "no"), the White Plains City SD may proceed with the disciplinary action, including a suspension exceeding 10 days. However, even in this situation, your child is still entitled to a Free Appropriate Public Education (FAPE). This means 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 designed to minimize the disruption to your child's education. Contact the CSE to ensure these services are in place.

The 45-Day Interim Alternative Setting

Under certain specific circumstances, the White Plains City SD 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 the student's disability. These circumstances are limited to situations involving: (1) possession of a weapon at school or a school function; (2) knowingly possessing or using illegal drugs, or selling or soliciting the sale of a controlled substance, at school or a school function; or (3) inflicting serious bodily injury upon another person at school or a school function. These removals are sometimes called "unilateral removals" because the district can implement them even if the parent disagrees.

Even during a 45-day interim alternative placement, the White Plains City SD must continue to provide your child with educational services that enable them 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. The alternative setting must be appropriate for your child's needs and should be designed to address the specific behaviors that led to the removal.

If you disagree with the decision to place your child in a 45-day interim alternative setting, you have the right to challenge the decision by requesting an expedited due process hearing. This hearing is conducted by an impartial hearing officer who will review the evidence and determine whether the district's actions were justified. You should consult with an attorney or advocate experienced in special education law to understand your rights and options in this situation. The expedited hearing process is designed to resolve the dispute quickly, ensuring that your child's educational needs are met in a timely manner.

FBAs and Behavior Intervention Plans

A Functional Behavioral Assessment (FBA) is a process used to identify the reasons behind a student's challenging behavior. It looks beyond the surface of the behavior to understand what triggers it, what functions it serves for the student (e.g., attention-seeking, escape from a task), and what factors maintain the behavior over time. The White Plains City SD 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.

Based on the findings of the FBA, a Behavior Intervention Plan (BIP) is developed. The BIP outlines specific strategies and interventions to address the challenging behavior. A good BIP should include proactive strategies to prevent the behavior from occurring in the first place, teaching strategies to help the student learn alternative behaviors, and reactive strategies to manage the behavior when it does occur. The BIP should be individualized to the student's needs and should be implemented consistently across all settings. It should also include a plan for monitoring the student's progress and making adjustments to the plan as needed.

As a parent, you have the right to request an FBA for your child, even before a crisis occurs. If you notice a pattern of challenging behaviors or if you are concerned that your child's current IEP does not adequately address their behavioral needs, you should submit a written request for an FBA to the White Plains City SD's CSE. The district is required to respond to your request in a timely manner. By proactively requesting an FBA, you can help prevent disciplinary issues from escalating and ensure that your child receives the appropriate support to succeed in school. A well-developed and implemented BIP can make a significant difference in your child's behavior and academic outcomes.

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

When your child is suspended from school in White Plains City SD, it's crucial to act quickly and strategically to protect their rights. 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 principal or administrator. This notice should include the specific reasons for the suspension, the length of the suspension, and your child's rights regarding the suspension. Review the notice carefully and note any discrepancies or unclear information.

2. Count Cumulative Suspension Days: Keep track of the number of days your child has been suspended during the current school year. Remember, the 10-day rule applies to cumulative days, not just consecutive ones. If this suspension brings your child close to or over the 10-day threshold, it's even more important to take immediate action.

3. Request an MDR in Writing (If Approaching 10 Days): If your child is approaching or has exceeded 10 cumulative days of suspension, immediately submit a written request for a Manifestation Determination Review (MDR) to the White Plains City SD's CSE. This request should be sent via certified mail with return receipt requested to ensure proof of delivery. Clearly state that you are requesting an MDR due to the length of the suspension and your concerns about whether the behavior is related to your child's disability or the district's failure to implement the IEP.

4. Contact the CSE Office: Contact the Committee on Special Education (CSE) office in White Plains City SD to discuss the suspension and request continuation of services. Emphasize your child's right to a Free Appropriate Public Education (FAPE) even during the suspension. Ask what steps the district will take to ensure your child continues to receive instruction, access to assignments, and support to progress toward their IEP goals. Document the date, time, and content of your conversation. The CSE office number is likely available on the White Plains City SD website.

5. Escalation: State Complaint or Due Process: If you believe the White Plains City SD is violating your child's rights, you have options for further action. You can file a State Complaint with the New York State Education Department (NYSED). This is a formal complaint alleging violations of IDEA or state special education laws. Alternatively, you can request an expedited due process hearing to challenge the district's actions. Due process hearings are more formal and involve presenting evidence and testimony before an impartial hearing officer. Consider consulting with an attorney or advocate experienced in special education law to determine the best course of action for your situation.

Remember, time is of the essence when dealing with suspensions. By taking these steps on Day 1, you can protect your child's rights and ensure they receive the appropriate support and services they are entitled to under the law.