Dispute & Discipline Rights in Aldine ISD

URGENT GUIDE: Discipline Rights & Grievances in Aldine ISD

If your child is facing disciplinary action in Aldine ISD, especially a suspension or potential expulsion, act FAST! This guide is designed to provide you with critical information about your rights and how to advocate for your child. Time is of the essence.

DISCLAIMER: This guide is for informational purposes only and does not constitute legal advice. Consult with an attorney specializing in education law for specific guidance regarding your situation.

The 10-Day Suspension Rule

The "10-Day Suspension Rule" is crucial, particularly if your child has a disability. In a nutshell, federal law (IDEA - Individuals with Disabilities Education Act) mandates specific protections for students with disabilities when facing suspensions that exceed 10 cumulative school days in a school year.

Why is this important? Because reaching that 10-day threshold triggers what is known as a "Change of Placement."

What Happens at 10+ Days?

• Mandatory Review: Aldine ISD *must* conduct a review to determine if the behavior that led to the suspension is related to your child's disability. This is called a Manifestation Determination Review (MDR).
• Tracking: Aldine ISD is responsible for tracking the total number of suspension days. Don't rely solely on their count; keep your own meticulous records. Every half-day matters!
• Don't Be Fooled: Schools might try to circumvent this by issuing shorter suspensions or "in-school suspensions." Understand that these still count towards the 10-day limit if your child is removed from their usual educational setting. Demand clarification and documentation for *any* disciplinary action that removes your child from their regular classroom.

Example: If your child has received three 3-day suspensions throughout the school year (totaling 9 days), and is facing another suspension, even just for one day, this *immediately* triggers the MDR requirement. Be proactive. Contact the Special Education department and your child's ARD committee immediately.

ACTION: If your child is approaching 10 days of suspension, document *everything*. Request a copy of Aldine ISD's policy on student discipline, specifically how it relates to students with disabilities.

What Is an MDR?

The Manifestation Determination Review (MDR) is a critical meeting to determine if your child's behavior leading to the disciplinary action was:

• Caused by or directly and substantially related to your child's disability, *OR*
• The direct result of the school's failure to implement your child's IEP (Individualized Education Program).

Who Attends an MDR? Typically, the IEP team, including you, the parent(s), relevant school staff (teachers, administrators, special education personnel), and potentially related service providers (therapists, counselors). Your child should be included when appropriate.

What Happens at the MDR? The team will review:

• Your child's IEP.
• Teacher observations and data.
• Any relevant information you provide (medical records, outside evaluations, etc.).
• Disciplinary records.

Possible Outcomes of the MDR:

• Manifestation: If the team determines the behavior *was* a manifestation of the disability or due to IEP implementation failures, the school *cannot* discipline your child in the same way they would a student without a disability. They must return your child to their previous placement (unless you agree to a change of placement as part of the IEP process) and take immediate steps to address the underlying issues. This might involve revising the IEP, providing additional supports, or conducting a Functional Behavioral Assessment (FBA) and implementing a Behavior Intervention Plan (BIP).
• No Manifestation: If the team determines the behavior was *not* a manifestation of the disability and the IEP was properly implemented, your child can be disciplined in the same way as a student without a disability. However, the school *must* still provide FAPE (Free Appropriate Public Education). This means they cannot simply expel your child and wash their hands of the situation. They must continue to provide educational services.

WARNING: Be prepared for the school to argue against a manifestation. They may minimize the impact of your child's disability or claim the IEP was perfectly implemented. This is where thorough preparation and, if possible, legal representation are crucial. Bring documentation, observations, and any evidence that supports your position. If the school refuses to acknowledge a manifestation when you believe it's warranted, don't hesitate to file a complaint.

Change of Placement

A "Change of Placement" occurs when a student is removed from their current educational setting for more than 10 consecutive school days, or for a pattern of removals that constitute a change of placement (e.g., frequent short suspensions). This is especially relevant for students with IEPs.

Why is it a big deal? Because any change of placement *must* be agreed upon by the IEP team, including you, the parent. If the school attempts to unilaterally change your child's placement (e.g., move them to a more restrictive setting without your consent), you have the right to challenge it.

What constitutes a "pattern of removals"? There's no hard-and-fast rule, but factors to consider include:

• The length of each removal.
• The proximity of the removals to one another.
• The total amount of time the student is excluded from school.
• The nature of the student's behavior leading to the removals.

Example: Several 2-3 day suspensions clustered together over a few weeks might be considered a pattern that constitutes a change of placement, even if no single suspension exceeds 10 days.

Interim Alternative Educational Setting (IAES): In certain circumstances (e.g., weapons, drugs, serious bodily injury), a school can place a student with a disability in an IAES for up to 45 school days, *regardless* of whether the behavior is a manifestation of the disability. However, even in an IAES, your child is still entitled to FAPE. The IEP team must determine what services and supports are needed to ensure your child continues to make progress in the general education curriculum and receives necessary special education services.

ACTION: If Aldine ISD proposes a change of placement for your child, *immediately* request an IEP meeting. Demand a clear explanation of the reasons for the change and how it will benefit your child. Refuse to sign anything you don't fully understand or agree with. Document your objections in writing.

Filing a Level 1 Grievance

If you believe Aldine ISD has violated your child's rights or district policy, you have the right to file a grievance. Starting with a Level 1 Grievance is the first step in the formal grievance process.

When to File a Grievance: File a grievance when you have a specific complaint regarding a district employee or policy that directly impacts your child's education.

Examples of Grievances:

• Failure to implement IEP accommodations.
• Inappropriate disciplinary actions.
• Violation of student privacy rights.
• Discrimination.

How to File a Level 1 Grievance:

1. Obtain the Grievance Form: Contact the principal's office or the Aldine ISD administration to obtain the official grievance form. You can also likely find it on the district website.
2. Complete the Form: Fill out the form completely and accurately. Be specific and provide as much detail as possible. Include dates, times, names of individuals involved, and a clear description of the issue.
3. Attach Supporting Documentation: Include copies of any relevant documents, such as IEPs, disciplinary reports, emails, or witness statements.
4. Submit the Grievance: Submit the completed grievance form to the appropriate individual, typically the principal or immediate supervisor of the employee involved. Check the district's grievance policy for specific instructions.
5. Keep a Copy: Retain a copy of the grievance form and all supporting documentation for your records.

Timeline: Aldine ISD has a specific timeline for responding to grievances. Be sure to familiarize yourself with the district's policy so you know when to expect a response.

What to Expect: The principal (or designee) will investigate the grievance and provide a written response within the timeframe outlined in the policy. If you are not satisfied with the response at Level 1, you can appeal to Level 2 (typically the superintendent or their designee).

WARNING: Grievances can be intimidating. Stay calm, factual, and focused on the issue. Document every interaction related to the grievance process. Don't hesitate to seek support from an advocate or attorney.

TEA State Complaint

If you believe Aldine ISD has violated state or federal special education laws, you can file a complaint with the Texas Education Agency (TEA).

When to File a TEA Complaint:

• The district has failed to implement your child's IEP.
• The district has denied your child FAPE.
• The district has violated procedural safeguards under IDEA.

How to File a TEA Complaint:

1. Obtain the Complaint Form: You can download the official complaint form from the TEA website (search for "TEA Special Education Complaint").
2. Complete the Form: Fill out the form completely and accurately. Provide specific details about the alleged violations, including dates, names, and relevant facts.
3. Attach Supporting Documentation: Include copies of your child's IEP, evaluations, correspondence with the school, and any other documents that support your complaint.
4. Submit the Complaint: Submit the completed complaint form and supporting documentation to TEA according to the instructions on the form.

TEA Investigation: TEA will investigate your complaint and determine whether the district has violated state or federal law. If TEA finds a violation, it will issue a corrective action plan that the district must follow.

TIMELINE: There are strict timelines for filing a TEA complaint. Generally, you must file the complaint within one year of the date of the alleged violation. Don't delay!

Due Process

Due process is a formal legal process that allows you to resolve disputes with Aldine ISD regarding your child's special education services. It's a more serious step than a TEA complaint and involves a hearing before an impartial hearing officer.

When to File for Due Process:

• You disagree with the district's evaluation of your child.
• You disagree with the district's proposed IEP.
• You believe the district has failed to provide FAPE.
• You disagree with a disciplinary action involving your child.

How to File for Due Process:

1. Notify Aldine ISD: You must first notify Aldine ISD in writing that you are requesting a due process hearing. This notification should include a description of the problem and your proposed resolution.
2. Request a Hearing: You then file a formal request for a due process hearing with TEA.

Mediation: Before proceeding to a hearing, you and Aldine ISD are typically required to participate in mediation, where a neutral third party attempts to help you reach a settlement.

Due Process Hearing: If mediation is unsuccessful, a due process hearing will be held. You have the right to present evidence, call witnesses, and cross-examine witnesses presented by the district. The hearing officer will issue a written decision.

LEGAL REPRESENTATION: Due process hearings are complex legal proceedings. It is *highly* recommended that you seek legal representation from an attorney specializing in special education law. This is not something you should attempt to navigate alone.

This is a difficult situation, but you are not alone. Act quickly, document everything, and don't be afraid to assert your child's rights!