Dispute & Discipline Rights in Denton ISD

Discipline Rights & Grievances in Denton ISD: An Urgent Guide

If your child is facing disciplinary action in Denton ISD, especially a suspension or potential Change of Placement, ACT IMMEDIATELY. Time is NOT on your side. This guide provides a critical overview of your rights and the grievance process. Do NOT delay seeking legal counsel or advocacy if needed. This is designed for informational purposes only and is not a substitute for legal advice.

The 10-Day Suspension Rule: A Critical Threshold

Denton ISD, like all Texas school districts, is governed by state law and district policy regarding student discipline. Suspensions, both in-school (ISS) and out-of-school (OSS), are common disciplinary tools. However, Texas law imposes specific rules regarding suspensions, particularly when a student accumulates more than 10 days of suspension within a school year.

What to Watch For:

• Cumulative Suspensions: Carefully track the number of days your child has been suspended, even for seemingly minor infractions. A running total is essential. Get this information in writing from the school.
• The 10-Day Trigger: Once your child has accumulated more than 10 school days of suspension (ISS or OSS), regardless of the reasons for the suspensions, it triggers specific requirements, especially if your child has a disability (IEP or 504 Plan).
• Section 504 Considerations: The 10-day rule is even more critical if your child is protected under Section 504 of the Rehabilitation Act. School districts must consider whether a series of suspensions constitutes a pattern of exclusion that denies a student with a disability access to education.

Why 10 Days Matters:

After 10 days of suspension, the school is required to consider whether the student's behavior leading to the suspension is related to their disability. For students with IEPs, this triggers the need for a Manifestation Determination Review (MDR). For students with 504 plans, a similar analysis of the relationship between behavior and disability is required.

What to Do:

• Request Records: Immediately request a complete record of all disciplinary actions taken against your child, including the reasons for each suspension and the number of days.
• Document Everything: Keep a detailed record of all interactions with school officials, including dates, times, and the substance of conversations.
• Know Your Child's Rights: If your child has an IEP or 504 plan, familiarize yourself with their specific accommodations and modifications. Ensure the school is adhering to the plan.
• Prepare for the MDR (if applicable): If your child has an IEP, prepare to participate actively in the MDR process (see below).

What Is an MDR (Manifestation Determination Review)?

A Manifestation Determination Review (MDR) is a critical process mandated by the Individuals with Disabilities Education Act (IDEA) when a student with an IEP faces a suspension of more than 10 school days (cumulatively or consecutively) or a Change of Placement. The purpose of the MDR is to determine if the student's behavior that led to the disciplinary action was a manifestation of their disability.

Key Elements of an MDR:

• Convening the Team: The MDR team typically includes the parent(s), relevant members of the IEP team (e.g., special education teacher, general education teacher, administrator), and potentially other individuals with knowledge of the student.
• Reviewing Relevant Information: The team must review all relevant information in the student's file, including the IEP, observations, teacher input, and any relevant medical or psychological evaluations.
• Two Key Questions: The MDR team must address two crucial questions:
  1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the student's disability?
  2. Was the conduct in question the direct result of the school's failure to implement the IEP?

Possible Outcomes of the MDR:

• Manifestation: If the MDR team determines that the behavior was a manifestation of the student's disability OR the 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 then conduct a functional behavioral assessment (FBA) (if one has not already been conducted) and develop or revise a behavior intervention plan (BIP) to address the behavior. The student must be returned to their placement unless the parents and the school agree to a change of placement as part of the BIP.
• Not a Manifestation: If the MDR team determines that the behavior was NOT a manifestation of the student's disability AND was NOT the result of the school's failure to implement the IEP, the student can be disciplined in the same manner as a student without a disability. However, the school is still required to provide special education services during any period of suspension exceeding 10 days.

Your Role in the MDR:

• Prepare Thoroughly: Gather all relevant information about your child's disability, their IEP, and the events leading to the disciplinary action. Document everything.
• Advocate for Your Child: Articulate clearly how your child's disability contributed to the behavior. Point out any areas where the school failed to implement the IEP.
• Bring an Advocate: Consider bringing a special education advocate or attorney to the MDR meeting. Their expertise can be invaluable.
• Don't Be Intimidated: The school staff may outnumber you. Stand firm in your belief and protect your child's rights.

Change of Placement: A Drastic Step Demanding Scrutiny

A "Change of Placement" occurs when a student is removed from their current educational setting for more than 10 consecutive school days or when a series of removals constitutes a pattern of exclusion. This can include suspensions, expulsions, or placements in alternative educational settings. Any Change of Placement for a student with an IEP or 504 plan triggers significant procedural safeguards.

What Constitutes a Change of Placement?

• Long-Term Suspensions: Suspensions exceeding 10 consecutive school days always constitute a Change of Placement.
• Pattern of Removals: A series of shorter suspensions can also constitute a Change of Placement if they create a pattern of exclusion. Factors considered include:
  • The length of each removal
  • The total time the student is removed
  • The proximity of the removals to one another
  • The nature of the student's behavior leading to the removals
• Alternative Educational Settings: Placement in an alternative educational setting, such as a Disciplinary Alternative Education Program (DAEP), can also be a Change of Placement.

Your Rights in a Change of Placement:

• Notice: You are entitled to written notice of the proposed Change of Placement, including the reasons for the action and a description of your procedural safeguards under IDEA or Section 504.
• MDR (for IEP students): If the Change of Placement is due to a disciplinary violation, an MDR must be conducted.
• Stay Put: Under IDEA, you have the right to invoke "Stay Put," which means your child remains in their current educational placement while you challenge the proposed Change of Placement. This is a critical right - USE IT if you disagree with the school's decision. You must file for due process to maintain "Stay Put."
• Due Process: You have the right to request a due process hearing to challenge the Change of Placement.

Important Considerations:

• Challenge the School's Rationale: Scrutinize the school's reasons for the Change of Placement. Are they valid and supported by evidence? Is the proposed alternative setting appropriate for your child's needs?
• Ensure Services Continue: Even during a Change of Placement, your child is entitled to continue receiving special education services to the extent necessary to enable them to participate in the general education curriculum and make progress toward their IEP goals.
• Act Quickly: Deadlines for requesting due process are strict. Do not delay in seeking legal advice.

Filing a Level 1 Grievance in Denton ISD

Denton ISD has a formal grievance process for addressing complaints. Filing a grievance is a way to formally challenge a school's decision or action. It's important to understand the process and deadlines.

Level 1 Grievance:

The Level 1 Grievance is typically filed with the principal or other administrator responsible for the decision or action you are challenging. You must file this grievance within a specific timeframe outlined in the Denton ISD policy (check the district website for the most up-to-date policy - usually within 10-15 days of the incident). Miss this deadline and you could lose your right to grieve.

Steps to Filing a Level 1 Grievance:

• Obtain the Grievance Form: Get the official grievance form from the school or the Denton ISD website.
• Complete the Form Thoroughly: Provide a clear and concise description of the issue you are grieving, including:
  • Dates, times, and locations of relevant events
  • Names of individuals involved
  • Specific policies or procedures you believe were violated
  • The specific relief you are seeking (e.g., reinstatement, removal of a disciplinary action from your child's record)
• Gather Supporting Documentation: Attach any relevant documents to your grievance, such as incident reports, emails, letters, and witness statements.
• Submit the Grievance: Submit the completed grievance form and supporting documentation to the appropriate administrator (usually the principal). Keep a copy for your records.
• Track the Response: The administrator is required to respond to your grievance within a specified timeframe (again, check the district policy). If you do not receive a response within that timeframe, follow up immediately.

If You Disagree with the Level 1 Response:

If you are not satisfied with the response to your Level 1 grievance, you have the right to appeal to the next level of the grievance process (Level 2). Again, there are strict deadlines for filing an appeal.

TEA (Texas Education Agency) State Complaint

A TEA State Complaint is a formal complaint filed with the Texas Education Agency alleging that a school district has violated a federal or state law or regulation relating to special education. This is a more formal and potentially impactful route than a local grievance.

When to File a TEA State Complaint:

You can file a TEA State Complaint if you believe Denton ISD has violated IDEA (Individuals with Disabilities Education Act) or state special education laws and regulations. Common examples include:

• Failure to properly implement an IEP
• Denial of a free appropriate public education (FAPE)
• Failure to conduct a proper MDR
• Discrimination based on disability
• Retaliation for exercising your rights under IDEA

How to File a TEA State Complaint:

• Obtain the Complaint Form: Download the official TEA State Complaint form from the TEA website.
• Provide Specific Information: The complaint form requires you to provide detailed information, including:
  • Your child's name and date of birth
  • The name of the school and school district
  • A clear and concise description of the alleged violation, including dates, times, and individuals involved
  • The specific laws or regulations you believe were violated
  • Any supporting documentation you have
• Sworn Statement: The complaint must be signed under penalty of perjury.
• Submit the Complaint: Submit the completed complaint form and supporting documentation to TEA according to the instructions on the form.

TEA's Investigation:

TEA will investigate your complaint. The investigation may involve reviewing documents, interviewing witnesses, and conducting on-site visits. TEA will issue a written decision within a specified timeframe (usually 60 days). If TEA finds that the school district violated the law, it will order the district to take corrective action.

Important Considerations:

• Timeliness: You must file a TEA State Complaint within one year of the date of the alleged violation.
• Specificity: Be as specific as possible in your complaint. Provide detailed information and supporting documentation.
• Consider Legal Counsel: Filing a TEA State Complaint can be a complex process. Consider consulting with a special education attorney.

Due Process: Your Ultimate Right to Challenge

Due process is the most formal and legally binding mechanism for resolving disputes with Denton ISD regarding your child's special education. It provides you with the right to a hearing before an impartial hearing officer who will make a decision based on the evidence presented.

When to Request Due Process:

You can request due process if you disagree with the school district's decisions or actions regarding:

• Identification, evaluation, or placement of your child
• The provision of a free appropriate public education (FAPE)
• Disciplinary actions, including suspensions and expulsions

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 meet specific requirements under IDEA, including:
  • Your child's name and address
  • The name of the school and school district
  • A description of the nature of the problem, including the facts relating to the problem
  • A proposed resolution of the problem to the extent known and available to the parent at the time

Resolution Session:

Within 15 days of receiving your due process complaint, the school district must convene a resolution session with you to attempt to resolve the dispute. You can waive the resolution session.

Due Process Hearing:

If the dispute is not resolved during the resolution session (or if you waive the resolution session), a due process hearing will be held before an impartial hearing officer. You have the right to:

• Be represented by an attorney
• Present evidence and witnesses
• Cross-examine witnesses
• Receive a written decision from the hearing officer

Important Considerations:

• Statute of Limitations: There is a statute of limitations for requesting due process. You must file your complaint within two years of the date you knew or should have known about the action that forms the basis of your complaint.
• Legal Representation: Due process hearings can be complex and adversarial. It is highly recommended that you seek legal representation from a special education attorney.
• Stay Put: As mentioned earlier, invoking "Stay Put" will maintain your child's current placement during the due process proceedings. This is crucial if you are challenging a Change of Placement.

This guide is not exhaustive, and laws and policies can change. This information is for educational purposes only and does not constitute legal advice. Contact a special education attorney or advocate immediately if you are facing a disciplinary situation in Denton ISD. Your child's future depends on it.