Dispute & Discipline Rights in Del Valle ISD

Discipline Rights & Grievances in Del Valle ISD - URGENT GUIDE

This guide is for parents facing disciplinary actions against their child in Del Valle ISD. Time is often of the essence. Act quickly to protect your child's rights. If your child has an IEP or 504 plan, the information here is especially critical.

The 10-Day Suspension Rule

Del Valle ISD can suspend your child for up to 3 school days for certain disciplinary infractions. They can extend this up to 10 school days if deemed necessary. A key trigger for additional rights occurs when a student is suspended for 10 cumulative school days in a single school year. Keep meticulous records of every suspension day. After that 10th day, special procedures kick in, especially if your child has an IEP or 504 plan under IDEA.

What Is an MDR (Manifestation Determination Review)?

If your child has an IEP or 504 plan and is facing a suspension that would exceed the 10-day limit (either in one instance or cumulatively for the year), the school must conduct a Manifestation Determination Review (MDR). This is crucial! The MDR team, including YOU as the parent, must determine if the student's behavior was caused by, or directly and substantially related to, their disability. They also must determine if the behavior was the direct result of the district's failure to implement the IEP or 504 plan.

Demand this review IMMEDIATELY if your child is approaching or has exceeded 10 days of suspension and has an IEP/504! Don't wait for the school to schedule it. If the behavior is a manifestation of the disability, disciplinary actions are severely limited. The school MUST return the student to their previous placement unless both the parent and the district agree to a change of placement as part of the IEP or 504 process.

Prepare for the MDR! Gather evidence showing how your child's disability impacts their behavior. Bring documentation showing any failures in the IEP/504 implementation (e.g., lack of accommodations, untrained staff, etc.). This is your chance to advocate fiercely!

Change of Placement

A "Change of Placement" occurs when a student is removed from their current educational setting for more than 10 consecutive school days or for a pattern of removals that constitute a change in placement, even if each individual removal is less than 10 days. A pattern can be considered a change of placement when the removals total more than 10 school days in a school year, the student's behavior is substantially similar to the behavior in previous incidents that resulted in the series of removals, and there are additional factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.

A removal to an interim alternative educational setting (IAES) for up to 45 school days is allowed under IDEA in cases involving weapons, drugs, or serious bodily injury. Even in these cases, your child still has rights! The IEP team (including you) must determine the IAES, and the student is still entitled to continue to receive services to enable them to participate in the general education curriculum and to progress toward meeting the goals in the IEP.

Filing a Level 1 Grievance

If you disagree with a disciplinary action or believe the school is violating your child's rights, you can file a Level 1 Grievance. Obtain the Del Valle ISD grievance policy from the district website. Typically, this involves submitting a written complaint to the principal within a specified timeframe (usually within 10-15 days of the incident).

Be clear, concise, and provide specific details about the incident and the reasons you believe the disciplinary action is unfair or violates your child's rights. Attach any supporting documentation. Keep a copy of everything you submit. If you are unsatisfied with the principal's response, you can appeal to the next level of the grievance process.

TEA State Complaint

You can file a complaint with the Texas Education Agency (TEA) if you believe Del Valle ISD is violating state or federal laws related to special education. This is a more formal process and requires specific evidence of non-compliance. Information on how to file a TEA complaint can be found on the TEA website.

Due Process

As a parent of a child with an IEP, you have the right to request a due process hearing if you disagree with the school district's actions or inactions regarding your child's special education program. This is a formal legal process. Consult with an attorney or advocate specializing in special education law immediately if you are considering a due process hearing. This process can be lengthy and complex, but it is essential to protect your child's rights.

Disclaimer: This information is for general guidance only and does not constitute legal advice. Consult with an attorney specializing in education law or a special education advocate for personalized advice regarding your specific situation.