Dispute & Discipline Rights in Conroe ISD

URGENT GUIDE: Discipline Rights & Grievances in Conroe ISD

IMPORTANT: This guide is for informational purposes only and should not be considered legal advice. If your child is facing disciplinary action in Conroe ISD, it is crucial to consult with an education attorney immediately. Time is often of the essence. This guide aims to provide a quick overview of your rights and potential actions, but a lawyer can provide tailored advice based on your specific situation.

As parents, we are our children's fiercest advocates. When our children face disciplinary action at school, especially suspension or potential changes in placement, it's easy to feel overwhelmed and powerless. This guide aims to empower you with essential knowledge about your rights and the steps you can take to protect your child in Conroe ISD. Act quickly and decisively - your child's future may depend on it.

The 10-Day Suspension Rule

Conroe ISD, like all Texas school districts, has specific rules regarding suspensions. A key rule to remember is the 10-Day Suspension Rule. This rule has crucial implications, especially for students with disabilities protected under the Individuals with Disabilities Education Act (IDEA).

What it means: If a student is suspended for more than 10 cumulative school days in a single academic year (regardless of whether the suspensions are consecutive), it may trigger certain protections under IDEA. Specifically, if the suspensions constitute a "Change of Placement" (discussed below), the school district must conduct a Manifestation Determination Review (MDR) to determine if the student's behavior was related to their disability.

Why this matters: School districts sometimes try to circumvent IDEA protections by issuing multiple short-term suspensions. Keep meticulous track of all suspension days. Even seemingly minor infractions can add up and trigger these crucial safeguards.

What to do:

• Document everything. Keep a record of every suspension, the reason for the suspension, the date it occurred, and the length of the suspension.
• Communicate with the school in writing. Request written documentation from the school outlining the specific reasons for each suspension.
• If you suspect the 10-day limit is approaching or has been exceeded, immediately request a Manifestation Determination Review (MDR) in writing. Don't delay! Time is critical.

What Is an MDR (Manifestation Determination Review)?

A Manifestation Determination Review (MDR) is a critical process under IDEA that determines whether a student's misconduct was a manifestation of their disability. This applies to students with an Individualized Education Program (IEP) or a Section 504 plan.

How it works: Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the school district, the parent, and relevant members of the child's IEP Team (as determined by the parent and the school district) must conduct a manifestation determination.

The IEP Team must review:

• All relevant information in the student's file, including the IEP, teacher observations, and any relevant information provided by the parents.
• Determine if the conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; OR if the conduct in question was the direct result of the school district's failure to implement the IEP.

Possible Outcomes:

• If the behavior was a manifestation of the disability or a result of the school's failure to implement the IEP: 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) and implement a behavior intervention plan (BIP), or review and modify the existing BIP, to address the behavior. The student must be returned to their previous placement unless the parents and the school district agree to a change of placement as part of the modification of the BIP.
• If the behavior 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 district must still provide special education and related services during the period of discipline to ensure the student can participate in the general education curriculum and progress toward meeting their IEP goals.

Crucial Points:

• Parental Involvement is Key: Actively participate in the MDR. Bring relevant information to the meeting. Don't be intimidated. This is your child's right.
• Document Everything: Keep records of all communication, meetings, and decisions related to the MDR.
• Seek Expert Advice: Consider bringing an advocate or attorney to the MDR meeting to ensure your child's rights are protected.
• Challenge the Findings: If you disagree with the MDR's findings, you have the right to challenge them through due process (see below).

Change of Placement

A "Change of Placement" is a significant event that triggers specific rights under IDEA. It's critical to understand what constitutes a change of placement to protect your child's educational rights.

What constitutes a Change of Placement?

• Suspension for more than 10 consecutive school days.
• Suspension for more than 10 cumulative school days in a school year, if the suspensions constitute a pattern. Even short suspensions can add up to a change of placement if they form a pattern, such as occurring frequently or involving similar behaviors.
• Expulsion.
• Transfer to an Interim Alternative Educational Setting (IAES) for more than 45 school days. This is a temporary placement for students who have violated the student code of conduct involving drugs, weapons, or serious bodily injury.
• Any other disciplinary action that significantly alters the student's educational program. This can be subjective, but consider if the action removes the student from their regular classroom, reduces access to special education services, or significantly impacts their ability to learn.

What to do if you suspect a Change of Placement has occurred or is being proposed:

• Immediately request a Manifestation Determination Review (MDR) in writing. This is your right under IDEA.
• Demand a copy of all relevant documentation related to the disciplinary action and the proposed change of placement.
• Contact an education attorney to discuss your legal options. A lawyer can advise you on how to challenge the change of placement and protect your child's rights.

Filing a Level 1 Grievance

Conroe ISD, like most school districts, has a grievance policy for addressing complaints. Understanding this process can be crucial for resolving disciplinary issues.

Level 1: Informal Resolution

The first step in the grievance process usually involves an informal attempt to resolve the issue directly with the person or department involved. This could be the teacher, principal, or other school staff member.

Level 2: Formal Grievance (Level 1 in some districts)

• Filing a Formal Grievance: If the informal resolution fails, you can file a formal written grievance. This is typically submitted to the principal or a designated grievance officer.
• Grievance Form: Obtain the official grievance form from Conroe ISD (check their website or contact the district office). Fill it out completely and accurately. Include all relevant details, dates, names, and supporting documentation. Clearly state the specific policy or rule that you believe has been violated.
• Deadlines: Pay close attention to the deadlines for filing a grievance. Missing the deadline can result in the grievance being dismissed. These deadlines are usually very short, sometimes only a few days after the incident.
• Required Information: The grievance form typically requires you to provide:
  • Your child's name and student ID.
  • The name of the staff member involved.
  • A detailed description of the incident or issue.
  • The specific policy or procedure that you believe was violated.
  • The resolution you are seeking.
• Documentation: Attach any relevant documents to your grievance, such as suspension notices, emails, witness statements, and medical records.
• Keep a Copy: Always keep a copy of the grievance and all supporting documents for your records.

Important Considerations:

• Specificity is Key: Be as specific as possible in your grievance. Avoid vague or general statements.
• Focus on Facts: Stick to the facts of the situation. Avoid emotional language or personal attacks.
• State the Relief You Seek: Clearly state what outcome you are seeking (e.g., removal of the suspension, reinstatement of services, a change in policy).

TEA State Complaint

If you believe Conroe ISD has violated federal or state special education laws, you have the right to file a formal complaint with the Texas Education Agency (TEA).

When to File a TEA Complaint:

• When you believe the school district has violated IDEA or other special education regulations.
• When you have exhausted other avenues for resolving the issue within the school district (e.g., the grievance process) and have not achieved a satisfactory resolution.

How to File a TEA Complaint:

• Obtain the Complaint Form: Download the official complaint form from the TEA website (search for "TEA Special Education Complaint").
• Complete the Form: Fill out the form completely and accurately. Include all relevant information, such as:
  • Your child's name and school.
  • A detailed description of the alleged violation.
  • The specific provision of IDEA or state law that you believe was violated.
  • Supporting documentation, such as IEPs, evaluation reports, and correspondence with the school district.
• Deadlines: Complaints must typically be filed within one year of the date of the alleged violation.
• Submit the Complaint: Submit the completed complaint form and supporting documentation to the TEA according to the instructions on the form.

TEA Investigation:

The TEA will investigate the complaint and issue a written decision. If the TEA finds that the school district has violated special education laws, it will order the district to take corrective action.

Due Process

Due Process is a legal process under IDEA that provides parents with a way to resolve disputes with the school district regarding their child's special education program. It is the most formal and legally complex option.

When to Consider Due Process:

• When you disagree with the school district's evaluation of your child.
• When you disagree with the IEP that has been developed for your child.
• When you believe the school district has failed to provide your child with a free appropriate public education (FAPE).
• When you disagree with the findings of a Manifestation Determination Review (MDR).
• When you believe your child's rights under IDEA have been violated.

The Due Process Process:

• Filing a Due Process Complaint: To initiate due process, you must file a written due process complaint with the school district and the TEA. The complaint must contain specific information, including:
  • Your child's name and address.
  • The name of the school your child attends.
  • A description of the problem or issue you are disputing.
  • The facts relating to the problem or issue.
  • A proposed resolution to the problem.
• Resolution Session: Within 15 days of receiving the due process complaint, the school district must convene a resolution session with you to attempt to resolve the dispute.
• Due Process Hearing: If the dispute is not resolved during the resolution session, you have the right to a due process hearing before an impartial hearing officer.
• Hearing Officer Decision: The hearing officer will issue a written decision based on the evidence presented at the hearing.
• Appeals: You have the right to appeal the hearing officer's decision to state or federal court.

Important Considerations:

• Legal Representation: Due process is a complex legal process. It is highly recommended that you seek legal representation from an education attorney experienced in IDEA due process hearings.
• Timeline: Due process hearings are subject to strict timelines. It is important to act quickly and meet all deadlines.
• Evidence: You will need to gather and present evidence to support your case at the due process hearing. This may include documents, witness testimony, and expert opinions.

Remember: This guide provides a general overview of discipline rights and grievances in Conroe ISD. Your specific situation may be unique, and it is crucial to seek legal advice from an education attorney to protect your child's rights. Don't hesitate to act quickly and decisively. Your child's educational future may depend on it.