Discipline Rights & the Manifestation Determination Review

Discipline Rights for Students with IEPs in Yonkers City SD

If your child with an IEP has just been suspended from school in the Yonkers City School District, you're likely feeling overwhelmed and confused. This page is designed to give you immediate, actionable information about your child's rights and what steps you need to take now. The Individuals with Disabilities Education Act (IDEA) provides specific protections for students with IEPs facing disciplinary action, and it's crucial to understand these rights to ensure your child receives a fair and appropriate education.

This guide will walk you through the key aspects of discipline for students with IEPs in Yonkers, including short-term suspensions, Manifestation Determination Reviews (MDRs), Functional Behavioral Assessments (FBAs), and Behavior Intervention Plans (BIPs). We'll also provide a checklist of steps you should take immediately following a suspension. Remember, you are your child's strongest advocate, and understanding these rights is the first step in ensuring they receive the support and services they are entitled to.

Short-Term Suspensions: The 10-Day Rule

In Yonkers City SD, like 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 that the school can remove your child from the classroom for disciplinary reasons for a short period without needing to determine if the behavior was related to their disability.

However, even during these short-term suspensions, the district still has responsibilities. New York Education Law Section 3214 governs suspensions in New York State. This law requires that the school 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. This notice should be provided as soon as possible following the decision to suspend your child. Contact the district to confirm their specific procedures for notifying parents of suspensions.

Even though an MDR isn't required for suspensions under 10 days, it's important to remember that your child is still entitled to a Free and Appropriate Public Education (FAPE). While the law doesn't mandate the same level of services as a longer suspension, you should advocate for your child to receive some form of continued educational support. This could include homework assignments, access to online learning materials, or tutoring, to ensure they don't fall behind on their IEP goals. Contact the CSE office to discuss what services can be provided during a short-term suspension.

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 shorter suspensions that, taken together, constitute a change of placement. A "pattern" is determined on a case-by-case basis, but generally means multiple suspensions for similar behaviors. 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 school district failed to implement the student's IEP.

The MDR meeting must be held within 10 school days of the decision to change the student's placement due to a violation of the code of conduct. The IEP team, including you as the parent, relevant school personnel (such as the general education teacher, special education teacher, an administrator, and related service providers), must participate in the review. It's crucial that you attend this meeting and bring any relevant information or documentation that you believe will help the team understand your child's behavior.

During the MDR, the team will review all relevant information in the student's file, including the IEP, any teacher observations, and any information you provide. The team will address two key questions:

1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the student's disability? 2. Was the conduct in question the 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.

The Two MDR Outcomes

The outcome of the Manifestation Determination Review has significant implications for your child's disciplinary process. If the IEP team determines that the behavior is a manifestation of your child's disability (either because it was caused by the disability itself or because the district failed to implement the IEP), the district cannot proceed with a long-term suspension. Instead, the student must be returned to their current placement, unless you and the district agree to a change of placement as part of the IEP review.

Furthermore, the IEP team must conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted. The FBA is designed to identify the function or purpose of the behavior. Based on the FBA, the team must then develop or revise a Behavior Intervention Plan (BIP) to address the behavior. The BIP should include strategies and supports to help your child learn appropriate behaviors and prevent future incidents.

If, on the other hand, the IEP team determines that the behavior is not a manifestation of your child's disability, the district may proceed with the disciplinary action, including a suspension. However, even in this case, your child is still entitled to a Free and Appropriate Public Education (FAPE). This means that 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.

The 45-Day Interim Alternative Setting

In very specific circumstances, the Yonkers 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 determined to be a manifestation of the student's disability. These circumstances are limited to situations involving:

* Weapons: Carrying or possessing a weapon at school, on school premises, or at a school function. * Drugs: Knowingly possessing or using illegal drugs, or selling or soliciting the sale of controlled substances, at school, on school premises, or at a school function. * Serious Bodily Injury: Inflicting serious bodily injury upon another person at school, on school premises, or at a school function.

Even when a student is placed in an interim alternative educational setting for these reasons, the district must continue to provide educational services that enable the student to continue to participate in the general education curriculum and progress toward meeting the goals set out in the student's IEP. The IEP team determines the specific services provided in the alternative setting.

If you disagree with the district's decision to place your child in an interim alternative educational setting, you have the right to challenge this decision by requesting an expedited due process hearing. This hearing is conducted more quickly than a standard due process hearing to resolve the dispute promptly.

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 behavior itself to understand what triggers it, what purpose it serves for the student, and what factors maintain it. The FBA gathers information through observations, interviews, and record reviews to develop a hypothesis about the function of the behavior.

The Yonkers City School District is required to conduct an FBA when a student's behavior impedes their learning or the learning of others, particularly when the behavior leads to disciplinary action. As mentioned above, an FBA is also required if an MDR determines that the behavior was a manifestation of the student's disability.

Based on the findings of the FBA, the IEP team develops a Behavior Intervention Plan (BIP). 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 in the first place. * Teaching replacement behaviors that serve the same function as the challenging behavior. * Positive reinforcement strategies to encourage the desired behaviors. * Consequences for the challenging behavior that are consistent and predictable. * A plan for monitoring and evaluating the effectiveness of the BIP.

You, as the parent, play a crucial role in the development and implementation of the BIP. Your insights into your child's behavior and what motivates them are invaluable. You can also proactively request an FBA if you see your child struggling with behavioral issues at school, even before a crisis occurs. Put your request in writing to the school principal and the special education department. This can help prevent 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, it's essential to act quickly and strategically to protect their rights. Here's a checklist of steps you should 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 reason for the suspension, the length of the suspension, and your child's rights. 2. Count Cumulative Suspension Days: Keep track of the number of days your child has been suspended this school year. If the current suspension brings the total to over 10 days, or if you believe there is a pattern of suspensions, it's crucial to request an MDR immediately. 3. Request an MDR in Writing (If Applicable): If your child is approaching or has exceeded 10 cumulative days of suspension, send a written request for a Manifestation Determination Review to the school principal and the special education department. 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 implementation of their IEP. 4. Contact the CSE Office: Contact the Committee on Special Education (CSE) office in Yonkers City SD to request continuation of services during the suspension. Emphasize your child's right to FAPE and the need for services to continue progress toward their IEP goals, even while suspended. 5. Document Everything: Keep detailed records of all communication with the school, including dates, times, names of people you spoke with, and the content of the conversations. Save all documents related to the suspension, including the suspension notice, emails, and letters. 6. Consider Escalation: If you believe the district is not fulfilling its obligations to your child, you have the right to file a State Complaint with the New York State Education Department (NYSED). You can also request an expedited due process hearing to resolve disputes with the district. Consult with an advocate or attorney to determine the best course of action for your situation.

Remember, you are your child's advocate. By understanding your child's rights and taking swift action, you can ensure they receive the support and services they need to succeed in school.