Dispute & Discipline Rights in Comal ISD

Discipline Rights & Grievances in Comal ISD: An Urgent Guide for Parents

This is a critical guide for parents navigating the often-confusing and stressful world of student discipline within Comal ISD. If your child is facing suspension, an MDR (Mandatory Disciplinary Review), or a change of placement, ACT IMMEDIATELY. Time is of the essence. This guide will provide a starting point, but ALWAYS consult with an education attorney or advocate as soon as possible. Do not rely solely on this information. This guide is intended for informational purposes only and does not constitute legal advice.

The 10-Day Suspension Rule

Comal ISD, like all Texas school districts, operates under rules regarding student suspensions. A crucial point to understand is the "10-Day Suspension Rule," particularly when it pertains to students with disabilities covered under the Individuals with Disabilities Education Act (IDEA).

What does this mean? If your child, who has an IEP (Individualized Education Program) or a 504 plan, is facing a suspension of more than 10 cumulative school days in a single school year, it triggers significant protections under IDEA. These protections are designed to ensure that the suspension is not due to the disability itself and that the student's educational needs are being met.

Why is this important? Suspensions, especially lengthy ones, can significantly disrupt a child's education, leading to academic setbacks and emotional distress. For students with disabilities, these effects can be magnified. IDEA's protections aim to prevent schools from using suspension as a primary disciplinary tool without considering the underlying causes of the behavior.

What to do if your child is nearing or exceeding 10 days of suspension:

• Track Suspension Days: Keep a meticulous record of all suspensions your child receives, including the dates, reasons, and duration. Do not rely solely on the school's record; maintain your own.
• Request an IEP or 504 Meeting: If your child doesn't already have an IEP or 504 plan and is facing disciplinary issues, immediately request an evaluation to determine eligibility. This will trigger IDEA protections.
• Demand a Manifestation Determination Review (MDR): Once your child reaches or exceeds the 10-day suspension threshold, the school must conduct a Manifestation Determination Review (MDR) within ten school days of the decision to change the student's placement.
• Consult an Attorney/Advocate: This is not optional. Seek legal advice immediately. An attorney can help you understand your rights, navigate the MDR process, and protect your child's educational interests.

What Is an MDR (Manifestation Determination Review)?

The Manifestation Determination Review (MDR) is a crucial process required under IDEA when a student with an IEP or 504 plan faces a suspension that constitutes a "change of placement" (generally more than 10 cumulative school days in a school year or any removal that constitutes a pattern). The purpose of the MDR is to determine whether the student's behavior that led to the disciplinary action was a manifestation of their disability.

Key Questions Addressed During the MDR:

• Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?
• Was the conduct in question the direct result of the school's failure to implement the IEP (Individualized Education Program)?

Who Participates in the MDR?

The MDR is typically conducted by the IEP team, which includes:

• Parents/Guardians
• Relevant school personnel (e.g., teachers, administrators, special education staff)
• Other individuals with knowledge of the child

What Happens During the MDR?

• Review of Relevant Information: The team reviews the student's IEP, relevant evaluation data, teacher observations, and any information provided by the parents regarding the child's behavior.
• Discussion and Analysis: The team discusses the student's behavior and its potential relationship to their disability. They analyze whether the IEP was appropriately implemented and whether any modifications or supports were needed.
• Determination: The team makes a determination as to whether the behavior was a manifestation of the disability.

What are the possible outcomes of the MDR?

• Manifestation: If the team determines that the behavior was a manifestation of the disability, the student must be returned to their current placement (unless the parents and the school agree otherwise). The IEP team must then conduct a functional behavioral assessment (FBA), unless one has already been conducted, and implement a behavior intervention plan (BIP) to address the behavior. If a BIP is already in place, the team must review it and modify it, as necessary, to address the behavior. The student cannot be further disciplined in the same manner for that specific incident.
• No Manifestation: If the team determines that the behavior was not a manifestation of the disability, the student can be disciplined in the same manner as a student without a disability. However, the school must continue to provide educational services to the student during the period of suspension, ensuring they can continue to participate in the general education curriculum.

What if you disagree with the MDR outcome?

You have the right to challenge the MDR determination through due process procedures (explained below). This is where having legal representation is critical.

Important: Document everything! Keep detailed records of all communication with the school, including emails, letters, and meeting notes. This documentation will be invaluable if you need to pursue further action.

Change of Placement

A "change of placement" is a significant event in a student's education, especially for students with disabilities. It refers to any disciplinary action that removes a student from their current educational setting.

What constitutes a change of placement?

• Suspension exceeding 10 cumulative school days in a school year: As previously mentioned, this is a key trigger for IDEA protections and an MDR.
• Expulsion: Permanent removal from the school.
• Placement in an alternative educational setting (e.g., Disciplinary Alternative Education Program - DAEP): Any placement outside the student's regular classroom setting for disciplinary reasons.
• Pattern of removals: Even if no single suspension exceeds 10 days, a series of short-term suspensions that create a pattern of exclusion from the student's educational setting could be considered a change of placement.

Your Rights When a Change of Placement is Proposed:

• Notice: You are entitled to written notice of the proposed change of placement, including the reasons for the action and your rights under IDEA.
• Participation in the MDR: As discussed above, you have the right to participate in the MDR process.
• Continuation of Services: Even during a period of suspension or alternative placement, your child is entitled to receive educational services that enable them to continue to participate in the general education curriculum. This should be outlined in their IEP.
• Due Process: You have the right to challenge the change of placement through due process procedures.

Fighting a Change of Placement:

If you believe the proposed change of placement is inappropriate or discriminatory, you should:

• Immediately contact an attorney specializing in special education law.
• Request a meeting with the school to discuss your concerns.
• File a grievance with the district (see below).
• Consider filing a complaint with the Texas Education Agency (TEA) (see below).

Filing a Level 1 Grievance

Comal ISD has a formal grievance process for addressing complaints and concerns. Understanding and utilizing this process can be a crucial step in protecting your child's rights.

What is a Grievance? A grievance is a formal complaint alleging a violation of district policy, rule, or regulation that negatively impacts your child.

Level 1 Grievance: The first step in the grievance process is typically at the campus level. This means you would file your grievance with the principal or another designated campus administrator.

How to File a Level 1 Grievance:

• Obtain the Grievance Form: Contact the school principal's office or the Comal ISD administration to obtain the official grievance form. Most districts have a specific form that must be used.
• Complete the Form Carefully and Thoroughly:
  • Clearly state the specific policy, rule, or regulation that you believe has been violated. Be specific. Cite the relevant section of the policy.
  • Provide a detailed description of the events that led to the grievance. Include dates, times, locations, and the names of individuals involved.
  • Explain how the alleged violation has negatively impacted your child. Be specific about the harm caused.
  • State the remedy you are seeking. What do you want the school to do to resolve the issue? (e.g., rescind the suspension, modify the IEP, provide additional support).
• Gather Supporting Documentation: Include any relevant documents that support your grievance, such as emails, letters, incident reports, IEP documents, and witness statements.
• Submit the Grievance Form: Submit the completed grievance form and supporting documentation to the appropriate administrator (usually the principal). Keep a copy for your records! Send it certified mail with return receipt requested to prove delivery.
• Timeline: Be aware of the timelines for filing a grievance. Districts typically have deadlines for filing grievances after the event giving rise to the complaint. (Comal ISD's specific timeline should be detailed in their policy.)
• Follow Up: After submitting the grievance, follow up with the administrator to ensure it is being addressed. Request a meeting to discuss the grievance.

What to Expect After Filing a Level 1 Grievance:

The administrator will typically investigate the grievance and provide a written response within a specified timeframe (again, check Comal ISD's policy). If you are not satisfied with the response at Level 1, you may have the right to appeal to the next level of the grievance process (Level 2), which typically involves the superintendent or a designated district administrator.

TEA State Complaint

If you believe that Comal ISD has violated a state or federal law or regulation related to special education, you have the right to 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 not complying with IDEA or other special education laws.
• You have evidence of systemic issues or widespread non-compliance within the district.
• You have exhausted other avenues for resolving the issue (e.g., grievance process) or believe those avenues will be ineffective.

How to File a TEA Complaint:

• Obtain the TEA Complaint Form: You can find the complaint form and instructions on the TEA website. Search for "TEA Special Education Complaints."
• Complete the Form Accurately and Completely:
  • Identify the specific laws or regulations that you believe have been violated.
  • Provide a clear and concise description of the facts that support your complaint. Include dates, times, locations, and the names of individuals involved.
  • Attach all relevant documentation to your complaint. This may include IEP documents, evaluation reports, correspondence with the school, and any other evidence that supports your claims.
  • Be sure to include a proposed resolution to the complaint.
• Submit the Complaint to TEA: Follow the instructions on the TEA website for submitting your complaint. Typically, this involves mailing or emailing the completed form and supporting documentation to the TEA.
• Timeline: TEA has specific timelines for investigating and resolving complaints. Be aware of these timelines and follow up with TEA if necessary.

TEA Investigation:

TEA will investigate your complaint and may request additional information from you or the school district. TEA may also conduct interviews with relevant individuals. After the investigation, TEA will issue a written decision outlining its findings and any corrective actions that the school district must take.

Due Process

Due process is a formal legal procedure under IDEA that allows parents to resolve disputes with the school district regarding their child's special education needs. It is a serious and often lengthy process, but it is a powerful tool for protecting your child's rights.

When to Request Due Process:

You can request due process when you disagree with the school district about any aspect of your child's special education, including:

• Identification
• Evaluation
• Placement
• IEP development and implementation
• Disciplinary actions (e.g., suspension, expulsion)

How to Request Due Process:

• File a Due Process Complaint: You must file a written due process complaint with the school district and TEA. The complaint must include specific information, such as:
  • The name and address of the child
  • The name of the school
  • A description of the problem or dispute
  • A proposed resolution to the problem
• Legal Representation is Essential: Due process is a complex legal process. You should absolutely consult with and retain an attorney specializing in special education law. They can guide you through the process, represent you at hearings, and advocate for your child's rights.

What Happens After You File a Due Process Complaint?

• Resolution Session: The school district must offer a resolution session within 15 days of receiving the due process complaint. The purpose of the resolution session is to try to resolve the dispute informally.
• Mediation: Mediation is another option for resolving disputes. It involves a neutral third party who helps the parents and the school district reach a mutually agreeable solution.
• Due Process Hearing: If the dispute is not resolved through the resolution session or mediation, a due process hearing will be held before an impartial hearing officer. The hearing officer will hear evidence from both sides and issue a written decision.
• Appeals: If you disagree with the hearing officer's decision, you may have the right to appeal to state or federal court.

Important Considerations:

• Timelines: Due process has strict timelines. It is essential to be aware of these timelines and act promptly.
• Legal Expertise: Navigating the due process system requires specialized knowledge of special education law. Do not attempt to go through due process without legal representation.

Remember: You are your child's best advocate. Be informed, be proactive, and don't hesitate to seek professional help. This is a stressful time, but your child's future is worth fighting for.

This guide provides general information and should not be considered legal advice. Consult with an attorney or advocate for specific guidance regarding your child's situation.