Dispute & Discipline Rights in Abilene ISD

Discipline Rights & Grievances in Abilene ISD - URGENT GUIDE

This is a crisis guide for parents whose child is facing disciplinary action in Abilene ISD. Time is of the essence! Understand your rights and act quickly. This guide focuses on suspension, MDRs (Manifestation Determination Reviews), and grievance procedures. It is NOT a substitute for legal advice. Consult an attorney specializing in special education law or student rights immediately if you are unsure of anything.

The 10-Day Suspension Rule

Abilene ISD can suspend your child for up to 3 school days for certain disciplinary infractions. They CAN extend this suspension to a maximum of 10 days. THIS IS CRITICAL. If your child is suspended for MORE THAN 10 cumulative school days in a single academic year for separate incidents (even if the suspensions are for 3 days each!), this triggers significant procedural protections under the Individuals with Disabilities Education Act (IDEA) if your child has an IEP or is suspected of having a disability. Keep track of EVERY suspension day!

What you need to know: The school MUST provide educational services to maintain academic progress after the 10th cumulative day of suspension. Don't let them tell you otherwise! This includes providing assignments, tutoring, or other supports. Demand this in writing.

What Is an MDR (Manifestation Determination Review)?

An MDR is MANDATORY if your child with an IEP faces a suspension that would result in a change of placement (see below). It's also often required, and highly recommended, for students suspected of having a disability before the district proceeds with long-term disciplinary actions.

Crucially: An MDR determines if your child's behavior was caused by or directly related to their disability, OR if the behavior was a result of the school's failure to implement your child's IEP. If either is true, the school CANNOT discipline your child in the same way they would a non-disabled student. The school must take steps to address the IEP implementation issues and the behavior related to the disability.

Demand an MDR immediately if your child is facing suspension approaching 10 days or any disciplinary action that could lead to a change of placement. Request it in writing, email and certified mail, to the principal, special education director, and superintendent. Time is critical.

Change of Placement

A "change of placement" occurs if a child is:

• Removed from their current educational setting for more than 10 consecutive school days.
• Subjected to a pattern of removals that constitute a change of placement because they total more than 10 school days in a school year AND because of factors such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another.

This is a MAJOR RED FLAG. If a change of placement occurs, the school MUST conduct an MDR if your child has an IEP or is suspected of having a disability. You have the right to challenge the placement. Do NOT let the school dictate this process. Insist on your rights under IDEA.

Filing a Level 1 Grievance

If you believe Abilene ISD has violated your child's rights, file a Level 1 Grievance IMMEDIATELY. This is the first step in a formal complaint process within the district.

How to file: Obtain the grievance form from the school principal or Abilene ISD website. Clearly and concisely state the facts, the specific policy or law that was violated, and the remedy you seek. Include all supporting documentation. Submit the grievance to the appropriate school administrator (typically the principal) within the timeframe specified by district policy - usually very short (e.g., 10 days). Keep a copy for your records.

TEA State Complaint

You can file a complaint with the Texas Education Agency (TEA) if you believe Abilene ISD is violating federal or state special education laws. This is a powerful tool, but documentation is crucial.

Filing a TEA Complaint: You must follow specific procedures outlined on the TEA website. Your complaint MUST be in writing, signed, and contain specific information, including: the alleged violation, facts supporting the violation, and proposed resolution. The TEA will investigate your complaint. Consider consulting with an advocate or attorney to help you draft a strong, evidence-based complaint.

Due Process

Due process is a formal legal procedure available to parents of students with disabilities when they disagree with the school district about their child's identification, evaluation, educational placement, or the provision of a free appropriate public education (FAPE). This is a SERIOUS step and often requires legal representation. If all other attempts to resolve the issue have failed, due process may be your last resort to ensure your child's rights are protected.

Take action NOW. Contact a special education attorney or advocate immediately. Don't let Abilene ISD railroad your child.