Dispute & Discipline Rights in Austin ISD

Discipline Rights & Grievances in Austin ISD: A Crisis-Mode Guide for Parents

This guide is designed to help you navigate the often confusing and stressful process of student discipline in Austin ISD (AISD). If your child is facing suspension, a disciplinary alternative education program (DAEP) placement, or expulsion, you need to act immediately to protect their rights. This guide focuses on critical information and action steps, not legal jargon. Time is of the essence.

The 10-Day Suspension Rule: Don't Let it Turn into Something Worse

AISD, like all Texas school districts, has policies regarding student suspension. It's critical to understand the following points regarding the "10-Day Suspension Rule":

• Maximum Short-Term Suspension: In Texas, a student can be suspended from school for a maximum of 3 school days for a single incident, although repeat offenses could lead to a cumulative suspension close to 10 days. For severe infractions, they may face a 10-day suspension.
• Notice is REQUIRED: You MUST be notified, preferably in writing, about the suspension. This notice should detail the reasons for the suspension, the length of the suspension, and your right to appeal. Do NOT accept a verbal notification as sufficient. Demand written confirmation.
• Investigate Immediately: As soon as you receive notice of a suspension, investigate the incident thoroughly. Talk to your child. Talk to other students who may have witnessed the event. Document everything. Do not rely solely on the school's version of events.
• Possible Consequences of Multiple Suspensions: Repeated suspensions, even short ones, can trigger more serious disciplinary action, including placement in a Disciplinary Alternative Education Program (DAEP) or even expulsion. This is why each suspension, no matter how short, must be taken seriously.
• Students with Disabilities (IEP or 504): If your child has an Individualized Education Program (IEP) or a 504 plan, the rules are different (see below). A suspension exceeding 10 cumulative school days in a school year constitutes a Change of Placement and triggers specific procedural safeguards.

Action Item: Immediately upon receiving notification of a suspension, request a meeting with the principal or assistant principal to discuss the situation. Bring your documentation. Advocate for your child.

What Is an MDR (Manifestation Determination Review)? Why It's the Most Important Meeting You Can Attend

An MDR, or Manifestation Determination Review, is a critical meeting that MUST be held if a student with an IEP or 504 plan faces a suspension of more than 10 cumulative school days in a school year or if a disciplinary action results in a Change of Placement (see next section).

What is the purpose of an MDR? The purpose is to determine if the student's misconduct was a manifestation of their disability. In other words, did the disability cause, or have a direct and substantial relationship to, the behavior that led to the disciplinary action?

Who attends an MDR? The IEP team (including you, the parent), relevant school personnel (e.g., principal, special education teacher, general education teacher, psychologist), and any other individuals with knowledge of the child and their disability. You are a critical member of this team.

What happens at an MDR? The team reviews all relevant information, including the student's IEP or 504 plan, any evaluations, observations, and the student's disciplinary history. They will discuss whether the misconduct was related to the student's disability.

Possible Outcomes of an MDR:

• Manifestation: If the team determines that the misconduct was a manifestation of the disability, the student CANNOT be disciplined in the same way as a student without a disability. The IEP team must conduct a Functional Behavioral Assessment (FBA) (if one hasn't already been completed) and implement or revise a Behavior Intervention Plan (BIP) to address the behavior. The student typically returns to their original placement.
• Not a Manifestation: If the team determines that the misconduct was NOT a manifestation of the disability, the student can be disciplined in the same way as a student without a disability. However, the school must still provide Free Appropriate Public Education (FAPE) services, even if the student is in a DAEP or suspended.

Action Item: If your child with an IEP or 504 plan is facing a suspension of more than 10 days or a Change of Placement, demand an MDR immediately. Do not wait for the school to initiate the process. Document your request in writing.

Change of Placement: Know Your Rights Under IDEA

A "Change of Placement" occurs when a disciplinary action significantly alters a student's educational setting. This is especially important for students with IEPs under the Individuals with Disabilities Education Act (IDEA). Common examples of a Change of Placement include:

• Suspension exceeding 10 cumulative school days in a school year.
• Placement in a DAEP.
• Expulsion.

IDEA Protections During a Change of Placement: IDEA provides significant protections for students with IEPs during a Change of Placement:

• MDR Required: As discussed above, an MDR is REQUIRED before a Change of Placement can occur.
• FAPE Must Be Provided: Even during a Change of Placement, the school district MUST continue to provide FAPE. This means providing educational services that are designed to meet the student's individual needs, even if they are in a DAEP or suspended. This also means that the IEP still applies, and if the DAEP setting cannot accommodate the goals and objectives of the current IEP, then the IEP must be revised to address these issues.
• Parental Rights: You have the right to participate in all decisions regarding your child's education, including disciplinary actions and Changes of Placement. You have the right to access your child's records, request evaluations, and challenge school decisions.

The 45-Day Rule: In limited circumstances (e.g., bringing a weapon to school, possessing or selling illegal drugs, or inflicting serious bodily injury on another person), a school district can remove a student with a disability to an interim alternative educational setting (IAES) for up to 45 school days, regardless of whether the misconduct was a manifestation of their disability. However, even in these cases, FAPE must still be provided, and an MDR must be conducted.

Action Item: If your child is facing a Change of Placement, immediately request copies of all relevant documents, including the school's disciplinary policies, your child's IEP, and any incident reports. Seek legal advice or advocacy assistance if you feel overwhelmed or unsure of your rights.

Filing a Level 1 Grievance: Your First Line of Defense

AISD has a formal grievance process that you can use to challenge school decisions, including disciplinary actions. The first step is to file a Level 1 Grievance.

How to File a Level 1 Grievance:

• Obtain the Form: Obtain a grievance form from the school or the AISD website.
• Fill it Out Completely: Clearly and concisely describe the issue you are grieving. Include dates, times, names of individuals involved, and specific details about the incident. Be factual and avoid emotional language. State what outcome you are seeking.
• Submit it to the Appropriate Person: Typically, the Level 1 Grievance is filed with the principal or the administrator directly involved in the decision you are challenging. Consult the AISD grievance policy for specific instructions.
• Deadlines are Critical: There are strict deadlines for filing a grievance. MISSING THE DEADLINE WILL LIKELY RESULT IN YOUR GRIEVANCE BEING DENIED. Find out the deadline and ensure you submit your grievance on time.

What to Expect After Filing a Level 1 Grievance:

• Investigation: The principal or administrator will investigate the grievance. This may involve interviewing witnesses and reviewing documents.
• Response: You will receive a written response to your grievance within a specified timeframe (usually a few days to a week). The response will state whether the grievance was upheld, denied, or partially upheld.

What if the Level 1 Grievance is Denied? If your Level 1 Grievance is denied, you have the right to appeal to the next level (Level 2). The appeal process will be outlined in the school district's grievance policy.

Action Item: If you believe that your child's rights have been violated in a disciplinary matter, file a Level 1 Grievance immediately. Don't delay. Time is of the essence.

TEA (Texas Education Agency) State Complaint: An External Option

If you believe that AISD has violated state or federal education laws, you can file a complaint with the Texas Education Agency (TEA). This is an external review process and can be a valuable tool if you feel that the district is not adequately addressing your concerns.

When to File a TEA Complaint: Consider filing a TEA complaint if:

• You believe that AISD has violated IDEA or other special education laws.
• You believe that AISD has discriminated against your child based on their race, ethnicity, gender, religion, or disability.
• You have exhausted the district's grievance process and are still not satisfied with the outcome.

How to File a TEA Complaint:

• Obtain the Complaint Form: Download the complaint form from the TEA website or request a copy from TEA.
• Provide Specific Information: The complaint form requires you to provide detailed information about the alleged violation, including dates, times, names of individuals involved, and relevant documentation. Be as specific as possible.
• Include Supporting Documentation: Attach copies of any documents that support your complaint, such as IEPs, disciplinary records, correspondence with the school district, and witness statements.
• Submit the Complaint: Submit the completed complaint form and supporting documentation to TEA according to their instructions.

What to Expect After Filing a TEA Complaint:

• Investigation: TEA will investigate the complaint. This may involve reviewing documents, interviewing witnesses, and contacting the school district.
• Report: TEA will issue a report outlining its findings and any corrective actions that the school district must take.

Action Item: If you believe that AISD has violated state or federal education laws, consider filing a TEA complaint. This is a powerful tool to hold the district accountable.

Due Process: Your Ultimate Weapon

Due process is a legal term that refers to the right to a fair hearing and the opportunity to challenge school district decisions. It is a critical safeguard for students with disabilities under IDEA.

When to Invoke Due Process: You can request a due process hearing if you disagree with the school district's decisions regarding your child's identification, evaluation, educational placement, or the provision of FAPE. This is often invoked after an MDR if you disagree with the finding or the proposed disciplinary action.

How to Request a Due Process Hearing:

• File a Due Process Complaint: You must file a written due process complaint with the school district and the TEA. The complaint must contain specific information, including the name and address of the child, a description of the problem, and the proposed resolution.
• Timeline: There are strict timelines for filing a due process complaint. Consult with an attorney or advocate to ensure that you meet all deadlines.

What Happens During a Due Process Hearing:

• Mediation: Before a due process hearing, you may be offered the opportunity to participate in mediation with the school district. Mediation is a voluntary process where a neutral third party helps you and the district reach a mutually agreeable resolution.
• Hearing: If mediation is unsuccessful, a due process hearing will be held before an impartial hearing officer. You and the school district will present evidence, call witnesses, and make legal arguments.
• Decision: The hearing officer will issue a written decision. If you disagree with the hearing officer's decision, you have the right to appeal to state or federal court.

Action Item: If you have exhausted all other options and believe that AISD has violated your child's rights under IDEA, consider requesting a due process hearing. This is your ultimate legal recourse.

Disclaimer: This guide provides general information and is not intended as legal advice. You should consult with an attorney or advocate to discuss your specific situation and legal options.