Dispute & Discipline Rights in Arlington ISD

URGENT GUIDE: Discipline Rights & Grievances in Arlington ISD

WARNING: If your child has been suspended, is facing expulsion, or is being considered for a Disciplinary Alternative Education Program (DAEP) placement in Arlington ISD, act NOW! Time is of the essence. This guide provides essential information to protect your child's rights, especially if your child has an IEP (Individualized Education Program) or a 504 plan. This is NOT legal advice, but a critical starting point. Seek legal counsel immediately. Do not sign anything without understanding it completely and consulting an attorney.

The 10-Day Suspension Rule

Arlington ISD can suspend a student for disciplinary reasons. However, a crucial threshold exists: the 10-day cumulative suspension rule.

What it means: If your child has been suspended for more than 10 school days in the same school year (whether consecutively or scattered), specific protections under the Individuals with Disabilities Education Act (IDEA) are triggered IF your child has an IEP or a 504 Plan. These protections are designed to ensure that the suspension is not related to your child's disability.

What to do IMMEDIATELY:

• Document EVERYTHING: Keep records of every suspension, the dates, the reasons given, and any communication from the school.
• Calculate the days: Carefully count the total number of suspension days your child has accumulated this school year.
• Request records: Demand a complete accounting of your child's suspension history from the school district. Do this in writing, and keep a copy for yourself. Use certified mail with return receipt requested.

Important Considerations:

• Even if a suspension is less than 10 days, repeated suspensions can be a red flag. Question the school's disciplinary approach.
• Out-of-school suspensions can significantly impact a student's academic progress and mental well-being. Explore alternatives to suspension.

What Is an MDR (Manifestation Determination Review)?

If your child with an IEP or 504 plan faces a suspension exceeding 10 cumulative school days in a school year OR a Change of Placement (see below), a Manifestation Determination Review (MDR) is REQUIRED under IDEA.

What is an MDR? It's a meeting to determine if your child's misconduct was caused by, or directly and substantially related to their disability. It also examines whether the conduct was a direct result of the school's failure to implement the IEP/504 Plan.

CRITICAL PREPARATION FOR THE MDR:

• Gather Evidence: Compile any documentation that supports the connection between your child's disability and the behavior in question. This includes:
  • Your child's IEP or 504 Plan
  • Medical records and evaluations
  • Behavioral intervention plans (BIPs)
  • School reports, emails, and notes
  • Statements from teachers, therapists, or other professionals
  • Personal observations of your child's behavior
• Know Your Child's IEP/504: Be intimately familiar with every aspect of your child's plan. Does it address the specific behaviors that led to the disciplinary action? Was the plan followed?
• Consult with Experts: Talk to your child's doctor, therapist, or special education advocate before the MDR meeting. They can provide valuable insights and support.
• Bring an Advocate: You have the right to bring an advocate to the MDR meeting. A trained advocate can help you navigate the process and ensure your child's rights are protected. Consider reaching out to Disability Rights Texas or another advocacy organization.

Possible Outcomes of the MDR:

• Manifestation: If the team determines that the behavior was a manifestation of the disability or a result of the school's failure to implement the IEP/504, the disciplinary action must be reversed. The school must then conduct a Functional Behavioral Assessment (FBA) and implement or revise a Behavioral Intervention Plan (BIP) to address the behavior. Your child MUST be returned to their previous placement (unless you and the school agree otherwise).
• No Manifestation: If the team determines that the behavior was NOT a manifestation of the disability and the IEP/504 was appropriately implemented, the school can discipline your child in the same way it would discipline a student without a disability. However, the school is still required to provide special education services during the disciplinary period.

If the MDR is Unfair: If you believe the MDR was conducted improperly or that the outcome was incorrect, you have the right to challenge the decision through a due process hearing (see section below). This is a complex legal process, so seek legal counsel immediately.

Change of Placement

A "Change of Placement" is a significant alteration in your child's educational setting, often involving a more restrictive environment. Examples include:

• Expulsion
• Placement in a Disciplinary Alternative Education Program (DAEP) for more than 10 days
• Suspension patterns that create a "de facto" change of placement (e.g., frequent short-term suspensions that effectively remove the child from their regular classroom for a significant period)

Change of Placement and IDEA: A Change of Placement triggers the same IDEA protections as a suspension exceeding 10 days, including the mandatory MDR. The school cannot unilaterally change your child's placement without due process.

What to do if facing a Change of Placement:

• Demand an MDR IMMEDIATELY: Insist on a Manifestation Determination Review before any change of placement occurs. Put this request in writing.
• Request all records: Demand all records related to the proposed change of placement, including incident reports, witness statements, and any documentation supporting the school's decision.
• Consider an Independent Educational Evaluation (IEE): If you disagree with the school's evaluation of your child, you have the right to request an Independent Educational Evaluation (IEE) at the school's expense (under certain circumstances). An IEE can provide a valuable second opinion.

Filing a Level 1 Grievance

If you have concerns about any aspect of your child's education or treatment in Arlington ISD, you have the right to file a grievance. The first step is a Level 1 grievance.

What is a Level 1 Grievance? It is a formal written complaint submitted to the school principal or immediate supervisor of the person you are complaining about.

How to File a Level 1 Grievance:

1. Obtain the Grievance Form: Check the Arlington ISD website for the official grievance form. If you can't find it, request it from the principal's office.
2. Complete the Form Carefully: Clearly and concisely describe the specific issue you are grieving. Include dates, names, and specific details. Be objective and avoid emotional language. State the specific relief you are seeking (e.g., reinstatement, retraction of a disciplinary action, change in services).
3. Gather Supporting Documentation: Attach any relevant documents to your grievance form, such as emails, letters, incident reports, or witness statements.
4. Submit the Grievance: Submit the completed grievance form to the principal or appropriate supervisor. Send it via certified mail with return receipt requested and keep a copy for your records.
5. Track Deadlines: Arlington ISD has timelines for responding to grievances. Keep track of these deadlines and follow up if you don't receive a timely response.

What to Expect After Filing a Level 1 Grievance:

The principal or supervisor is required to investigate the grievance and provide a written response within a specific timeframe (usually within 10 school days). If you are not satisfied with the Level 1 response, you can appeal to Level 2 (typically the Superintendent or designee) within a specified timeframe.

TEA State Complaint

If you believe Arlington ISD is violating state or federal laws related to special education, you can file a complaint with the Texas Education Agency (TEA).

When to File a TEA Complaint: A TEA complaint is appropriate when you believe the school district is systematically failing to comply with IDEA or other special education laws.

How to File a TEA Complaint:

1. Obtain the Complaint Form: Download the complaint form from the TEA website.
2. Clearly State the Violation: Identify the specific law or regulation that you believe Arlington ISD has violated. Provide factual information to support your claim.
3. Include Supporting Documentation: Attach any relevant documents to your complaint form.
4. Submit the Complaint: Submit the completed complaint form to TEA.

Important Considerations for TEA Complaints:

• Timeliness: TEA complaints must generally be filed within one year of the alleged violation.
• Scope: TEA complaints address systemic issues, not individual disagreements about educational decisions.

Due Process

Due process is a formal legal process that allows you to resolve disputes with Arlington ISD regarding your child's special education services. It's a serious step and should be considered after exhausting other options (like grievances). Engage an attorney immediately.

When to Request Due Process: You can request a due process hearing if you disagree with the school district about:

• Your child's identification as a child with a disability
• The evaluation of your child
• Your child's educational placement
• The special education services provided to your child

The Due Process Hearing: A due process hearing is similar to a court trial. You and the school district will present evidence and arguments to an impartial hearing officer who will make a decision.

THIS IS A COMPLEX LEGAL PROCESS. YOU NEED AN ATTORNEY. PERIOD.

Key Takeaways:

• DOCUMENT EVERYTHING! Keep detailed records of all communication, meetings, and incidents.
• Know Your Rights! Understand the IDEA and Texas special education laws.
• Advocate for Your Child! Be assertive and persistent in demanding what your child needs.
• Seek Legal Counsel! Consult with a special education attorney as soon as possible. They can provide valuable guidance and representation. Disability Rights Texas can also offer guidance.

Disclaimer: This guide is for informational purposes only and is not a substitute for legal advice. Consult with an attorney to discuss your specific situation.