Dispute & Discipline Rights in Dallas ISD

Urgent Guide: Discipline Rights & Grievances in Dallas ISD

This guide is intended to provide urgent information for parents and guardians of students facing disciplinary action in Dallas ISD. It is not a substitute for legal advice. If your child is facing suspension, MDR (Mandatory Disciplinary Reassignment), or expulsion, you should immediately consult with an education attorney or advocate.

The 10-Day Suspension Rule

In Dallas ISD, like most school districts in Texas, students can be suspended for disciplinary infractions. The crucial thing to understand is the "10-day suspension rule." A student can be suspended for up to 3 school days by a teacher, and longer (up to 30 days) by a principal, based on the Student Code of Conduct. However, if a student is suspended for more than 10 school days *cumulatively* in a school year, special rules and protections kick in, especially for students with disabilities (IEPs or 504 Plans). These protections are designed to ensure that students aren't being unfairly excluded from their education.

What to do if your child is suspended:

• Document Everything: Keep copies of all suspension notices, emails, and communication from the school. Note the dates, times, and reasons for each suspension.
• Know the Reason: Understand the exact rule or policy your child allegedly violated. Don't accept vague explanations. Demand specific details.
• Check the Code of Conduct: Familiarize yourself with the Dallas ISD Student Code of Conduct. Is the punishment proportionate to the offense? Is the rule even being applied consistently to all students?
• If your child has an IEP or 504 Plan: The school MUST hold a Manifestation Determination Review (MDR) *before* a long-term suspension (more than 10 days cumulative) or a Change of Placement. This is discussed in detail below.
• Consider an Advocate: If you feel overwhelmed or believe your child is being treated unfairly, contact an education advocate or attorney. They can guide you through the process.

What Is an MDR (Manifestation Determination Review)?

An MDR is a critical process under the Individuals with Disabilities Education Act (IDEA) that protects students with disabilities from being disciplined unfairly. If your child has an IEP or a 504 Plan and is facing a suspension exceeding 10 cumulative school days in a school year, or a Change of Placement, the school MUST convene an MDR meeting.

The Purpose of an MDR: The MDR team (which includes you, as the parent!) must determine if the student's misconduct was:

1. Caused by or directly related to the student's disability; OR
2. The direct result of the school's failure to implement the student's IEP or 504 Plan.

What Happens at an MDR Meeting?

• The team reviews all relevant information, including the student's IEP or 504 Plan, teacher observations, disciplinary records, and any information you provide.
• You have the right to participate fully in the meeting, ask questions, and present your perspective.
• The team discusses whether the misconduct was related to the disability or the school's failure to implement the plan.

MDR Outcomes and Your Rights:

• If the misconduct *was* caused by the disability or the school's failure: The school CANNOT suspend the student for more than 10 cumulative days, or change the placement unless you agree. The IEP or 504 Plan must be reviewed and revised to address the behavior. The school may also be required to provide additional supports and services to prevent future incidents.
• If the misconduct *was not* caused by the disability or the school's failure: The school can discipline the student in the same way as students without disabilities. However, they must still provide educational services to the student during the suspension, ensuring they can continue to progress in the general curriculum.

Important: Don't let the school railroad you at an MDR meeting. If you believe the misconduct is related to your child's disability or the school's failure to implement their plan, be prepared to advocate strongly for your child's rights. Bring documentation and be specific about how the disability contributes to the behavior. Consider bringing an advocate to the meeting with you.

Change of Placement

A "Change of Placement" is a significant disciplinary action that moves a student to a different educational setting, such as a disciplinary alternative education program (DAEP) or an alternative school. For students with IEPs or 504 Plans, a Change of Placement is considered a significant change to their educational program and triggers the MDR process.

When Does a Change of Placement Occur?

• When a student is suspended for more than 10 consecutive school days for a single incident.
• When a student is subjected to a pattern of suspensions that totals more than 10 school days in a school year, and the suspensions constitute a significant change in placement. Factors to consider include:
• The length of each suspension
• The proximity of the suspensions to one another
• The total amount of time the student is excluded from school
• The nature of the student's offenses
• When a student is placed in a DAEP or alternative school for disciplinary reasons.

If the school proposes a Change of Placement for your child with an IEP or 504 Plan, IMMEDIATELY demand an MDR meeting. Do not agree to the placement change until the MDR is completed and you are satisfied that your child's rights are being protected.

Filing a Level 1 Grievance

If you believe your child's rights have been violated, or that the school has acted unfairly or improperly, you have the right to file a grievance. Dallas ISD has a formal grievance process outlined in its policies.

Level 1 Grievance: This is the first step in the grievance process and is typically filed with the principal or the administrator directly responsible for the decision you are grieving.

Steps to File a Level 1 Grievance:

1. Obtain the Grievance Form: Request a copy of the Dallas ISD grievance form from the school principal or the district's website.
2. Complete the Form: Fill out the form completely and accurately. Be clear and concise about the issue you are grieving, the specific policy or law you believe was violated, and the remedy you are seeking.
3. Gather Supporting Documentation: Include any supporting documents, such as suspension notices, emails, witness statements, or medical records, that support your claim.
4. Submit the Grievance: Submit the completed form and supporting documentation to the appropriate administrator (usually the principal).
5. Keep a Copy: Retain a copy of the grievance form and all supporting documentation for your records.
6. Meet with the Administrator: The administrator is required to meet with you to discuss the grievance within a specified timeframe (check the Dallas ISD policy for the exact timeline).
7. Receive a Written Response: The administrator must provide you with a written response to your grievance within a specified timeframe.

Important: Document everything related to the grievance process. Keep records of all meetings, conversations, and correspondence. If you are not satisfied with the Level 1 response, you can appeal to the next level of the grievance process (Level 2), typically the superintendent or designee. Follow the Dallas ISD policy carefully for the specific procedures and deadlines for appealing.

TEA (Texas Education Agency) State Complaint

If you believe Dallas ISD has violated the IDEA (Individuals with Disabilities Education Act) or other special education laws, you can file a complaint with the Texas Education Agency (TEA). A TEA complaint is a more formal process than a school-level grievance.

When to File a TEA Complaint:

• When you believe the school district has failed to comply with the requirements of IDEA or state special education laws.
• When you have attempted to resolve the issue through the school's grievance process, but have not been successful.
• When the violation of IDEA or state special education laws is significant and impacts your child's educational rights.

How to File a TEA Complaint:

1. Obtain the Complaint Form: You can download the TEA complaint form from the TEA website.
2. Complete the Form: Fill out the form completely and accurately. Be specific about the violations of IDEA or state special education laws that you are alleging. Include relevant dates, names, and details.
3. Provide Supporting Documentation: Attach copies of any relevant documents, such as IEPs, evaluation reports, correspondence, and disciplinary records.
4. Submit the Complaint: Submit the completed form and supporting documentation to the TEA Special Education Division. The TEA website provides the address and contact information.

The TEA will investigate your complaint and determine whether the school district has violated IDEA or state special education laws. If the TEA finds a violation, it will issue an order requiring the school district to take corrective action. The TEA complaint process can be complex, and it may be helpful to consult with an education attorney or advocate before filing a complaint.

Due Process

Due process is a formal legal process that parents of students with disabilities can use to resolve disputes with the school district regarding the student's identification, evaluation, educational placement, or the provision of a free appropriate public education (FAPE). It is a more adversarial process than a TEA complaint and typically involves legal representation.

When to Consider Due Process:

• When you have exhausted other options, such as grievances and TEA complaints, and you have not been able to resolve the dispute with the school district.
• When the dispute involves a significant issue, such as the denial of FAPE or the failure to properly evaluate your child.
• When you believe the school district is unwilling to negotiate in good faith.

Due Process Rights:

• The right to present evidence and witnesses.
• The right to cross-examine witnesses.
• The right to a hearing before an impartial hearing officer.
• The right to a written decision from the hearing officer.
• The right to appeal the hearing officer's decision to a state or federal court.

Due process is a complex legal process, and it is essential to consult with an education attorney if you are considering filing a due process complaint. An attorney can advise you on your legal rights and options, and can represent you in the due process hearing.

Remember: You are your child's best advocate. Don't be afraid to ask questions, demand answers, and fight for their rights. The information in this guide is a starting point. Seek legal advice from a qualified attorney if you have concerns about your child's disciplinary situation.