Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in William Floyd UFSD

If your child with an Individualized Education Program (IEP) has just been suspended from school in the William Floyd Union Free School District (WF UFSD), you're likely feeling overwhelmed and unsure of what to do next. It's important to act quickly to protect your child's rights and ensure they continue to receive a Free Appropriate Public Education (FAPE), even during a suspension. This guide will walk you through the disciplinary process for students with IEPs in WF UFSD, 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 challenging situation.

New York State Education Law 3214 governs student suspensions. WF UFSD must follow these regulations. The key is understanding the rules around short-term suspensions, Manifestation Determination Reviews (MDRs), and your child's right to continued educational services. This page will break down these complex topics into actionable steps you can take immediately.

Short-Term Suspensions: The 10-Day Rule

WF UFSD can suspend your child 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 that if your child has multiple short suspensions that add up to 10 days or less, the district is generally not required to conduct an MDR. However, it's crucial to keep track of the number of suspension days your child has accumulated throughout the school year.

Even during these short-term suspensions, your child is still entitled to FAPE. While the level of services may be less intensive than what's outlined in their IEP for regular school days, WF UFSD must provide some form of continued educational support to allow your child to continue to make progress on their IEP goals. Contact the district's Committee on Special Education (CSE) office to discuss what services will be provided during a short-term suspension.

New York Education Law 3214 outlines the notice requirements for short-term suspensions. You should receive written notification of the suspension, including the reasons for the suspension and the length of the suspension. For suspensions of five days or fewer, the notice must be provided before the suspension goes into effect, unless the student's presence poses an immediate threat to the safety, academic environment, or well-being of students or staff. For suspensions exceeding five days, you are entitled to a superintendent's hearing with due process protections, including the right to present evidence and question witnesses. Contact the district to confirm their specific procedures for short-term suspensions, as local policies may provide additional details.

When an MDR Is Required

A Manifestation Determination Review (MDR) is a critical process that must be conducted when a student with an IEP faces a suspension exceeding 10 cumulative school days in a school year, or when there is a pattern of removals that constitute a change of placement. A "change of placement" is not always a formal change to a different school. Even repeated short-term suspensions can be considered a change of placement if they create a pattern of exclusion from the student's typical learning environment. The purpose of the MDR is to determine whether the student's behavior was caused by, or directly and substantially related to, their disability, or whether the behavior was a direct result of the district's failure to implement the student's IEP.

The MDR meeting includes you (the parent), relevant members of the IEP team as determined by you and the school district, and representatives from WF UFSD. This team will review all relevant information in the student's file, including the IEP, any behavioral data, observations, and information you provide.

During the MDR, the team will address two key questions:

1. Was the behavior 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 district's failure to implement the student's IEP?

If the answer to either of these questions is "yes," the behavior is considered a manifestation of the student's disability, and different rules apply regarding disciplinary action.

The MDR must be conducted within 10 school days of the decision to change the student's placement due to a violation of the code of student conduct. It is crucial that WF UFSD adheres to this timeline. If the district fails to conduct the MDR within the required timeframe, it could be a violation of your child's rights.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review (MDR) has significant implications for how WF UFSD can proceed with disciplinary action. There are two possible outcomes:

Outcome 1: Behavior IS a Manifestation of the Disability

If the MDR team determines that the student's behavior was caused by, or had a direct and substantial relationship 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, WF UFSD cannot proceed with a long-term suspension (more than 10 days) as a disciplinary measure.

Instead, the district must take immediate steps to address the underlying causes of the behavior. This typically involves:

• Returning the student to their original placement: Unless you and the district agree to a change of placement as part of the revised IEP. * Conducting or revising a Functional Behavior Assessment (FBA): If an FBA has not already been conducted, the district must conduct one to identify the triggers and functions of the behavior. * Developing or revising a Behavior Intervention Plan (BIP): Based on the FBA, the district must develop or revise a BIP that includes strategies and supports to address the behavior and prevent it from recurring. The BIP should be tailored to the student's specific needs and should be implemented consistently across all settings.

Outcome 2: Behavior is NOT a Manifestation of the Disability

If the MDR team determines that the student's behavior was not caused by, or did not have a direct and substantial relationship 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, WF UFSD may proceed with disciplinary action, including a long-term suspension. However, even if the behavior is not a manifestation of the disability, your child is still entitled to a Free Appropriate Public Education (FAPE). This means that the district must continue to provide services that allow your child to continue to participate in the general education curriculum and progress toward their IEP goals during the suspension. The IEP team must determine what those services will be and where they will be provided.

The 45-Day Interim Alternative Setting

Under very specific circumstances, WF UFSD 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:

• Weapons: The student carries a weapon to school or possesses a weapon at school. * Drugs: The student knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, at school. * Serious Bodily Injury: The student has inflicted serious bodily injury upon another person at school.

"Serious bodily injury" is defined as an injury that involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Even during a 45-day interim alternative placement, your child is still entitled to FAPE. WF UFSD must provide services that enable your child to continue to participate in the general education curriculum, although in another setting, and to continue to progress toward the goals set out in their IEP. The IEP team will determine the specific services and the location where they will be provided.

If you disagree with the district's decision to place your child in a 45-day interim alternative setting, you have the right to challenge the decision through an expedited due process hearing. This is a faster process than a standard due process hearing, and it is designed to resolve disputes quickly in these urgent situations.

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 the behavior (antecedents) and what happens after the behavior (consequences) to determine the function or purpose of the behavior. In other words, what is the student trying to get or avoid by engaging in the behavior?

WF UFSD is required to conduct an FBA when a student's behavior impedes their learning or the learning of others. This is especially important for students with IEPs who are exhibiting challenging behaviors. The FBA should be conducted by qualified professionals who have experience in behavior analysis.

Based on the findings of the FBA, a Behavior Intervention Plan (BIP) should be developed. The BIP outlines specific strategies and supports to address the challenging behavior and teach the student more appropriate ways to meet their needs. A good BIP should include:

• Clearly defined target behaviors: What specific behaviors are being addressed? * Antecedent strategies: How can the environment be modified to prevent the behavior from occurring in the first place? * Replacement behaviors: What alternative behaviors can the student learn to use instead of the challenging behavior? * Consequence strategies: How will the staff respond when the challenging behavior occurs? This should include both positive reinforcement for appropriate behavior and strategies for addressing the challenging behavior in a safe and consistent manner. * Data collection methods: How will the team track the student's progress and determine if the BIP is effective?

As a parent, you have the right to request an FBA for your child proactively, even before a crisis occurs. If you notice that your child is struggling with certain behaviors, or if you are concerned that their current IEP does not adequately address their behavioral needs, put your request in writing to the school principal and the CSE. Don't wait for a suspension to happen; addressing behavioral issues early can prevent more serious problems down the road.

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

If your child has been suspended from school in WF UFSD, here's a checklist of immediate actions 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 other school official. This notice should include the reasons 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 so far this school year. This is crucial for determining when an MDR is required.

3. If Approaching 10 Days, Request MDR in Writing Immediately: If the current suspension will bring your child's total suspension days to more than 10, or if you believe there is a pattern of removals that constitutes a change of placement, immediately send a written request to the school principal and the CSE requesting a Manifestation Determination Review (MDR). This will start the process and ensure that the district adheres to the required timelines.

4. Contact the CSE Office to Request Continuation of Services: Contact the district's Committee on Special Education (CSE) office to discuss the continuation of services during the suspension. Your child is entitled to FAPE, even while suspended. Ask what services will be provided, where they will be provided, and how they will help your child continue to make progress on their IEP goals.

5. Escalation: If you believe that WF UFSD 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). NYSED will investigate the complaint and determine whether the district is in compliance with the law. * Expedited Due Process Hearing: If you disagree with the district's decisions regarding the suspension or the provision of services, you can request an expedited due process hearing. This is a more formal process that involves presenting evidence and arguments to an impartial hearing officer.

Remember, you are your child's best advocate. By understanding your rights and taking proactive steps, you can help ensure that your child receives the support and services they need to succeed, even during challenging times.