Dispute & Discipline Rights in Eagle Mountain-Saginaw ISD

Discipline Rights & Grievances in Eagle Mountain-Saginaw ISD: An Urgent Guide for Parents

IMPORTANT: If your child has been suspended, assigned to an MDR, or is facing a change of placement in Eagle Mountain-Saginaw ISD (EMS ISD), act NOW. Time is of the essence. This guide is designed to help you understand your rights and how to protect your child's educational future. Don't wait. Document everything. Seek legal advice if possible. We are in crisis mode. This is about your child's future.

The 10-Day Suspension Rule

In EMS ISD, like other Texas school districts, administrators have the authority to suspend students for disciplinary reasons. However, there are crucial limits on this power. Be aware of the "10-Day Suspension Rule." This rule is particularly vital if your child has an Individualized Education Program (IEP) or is suspected of having a disability, even without a formal diagnosis. The implications of this rule are significant when considering further disciplinary actions such as MDR placements and Change of Placement.

Key Points:

• Cumulative Suspensions: If your child has been suspended for more than 10 school days in a single school year, specific protections under the Individuals with Disabilities Education Act (IDEA) are triggered. This is critical, especially if your child has an IEP. Even seemingly minor suspensions add up quickly. Keep a precise record of every suspension day.
• Pattern of Suspensions: Even if no single suspension exceeds 10 days, a pattern of suspensions that total more than 10 days can also trigger IDEA protections. Look for a pattern! Are the suspensions for similar behaviors? Are they close together in time? This pattern could indicate the school is not adequately addressing your child's needs.
• Why 10 Days Matters: Once your child has reached (or is approaching) the 10-day suspension threshold, the school is legally obligated to conduct a Manifestation Determination Review (MDR) before any further disciplinary action that would result in a Change of Placement (explained below). This is a crucial safeguard to protect students with disabilities.
• Documentation is Key: Keep records of all communication with the school regarding suspensions, disciplinary actions, and any concerns you have about your child's behavior and potential disability. Dates, times, names, and a summary of the conversation are all important. This documentation could be crucial in proving a pattern or triggering IDEA protections.

What to do:

1. Immediately determine the total number of suspension days your child has accumulated this school year. Get documentation from the school. Compare it to your own records.
2. If your child has, or is approaching, 10 suspension days, notify the school in writing that you are aware of the 10-Day Suspension Rule and that you expect IDEA protections to be followed, including a Manifestation Determination Review (MDR), before any further disciplinary action is taken that would result in a Change of Placement.
3. If you suspect your child has a disability but has not been formally evaluated, make a written request for a Full and Individual Initial Evaluation (FIIE) under IDEA. This can trigger additional protections.
4. Consult with an attorney or advocate experienced in special education law. Their expertise can be invaluable in navigating the complex legal landscape.

What Is an MDR (Manifestation Determination Review)?

A Manifestation Determination Review (MDR) is a critical process mandated by IDEA for students with IEPs who are facing disciplinary action that could result in a Change of Placement (see below). It's a formal review to determine if the student's behavior that led to the disciplinary action was caused by, or had a direct and substantial relationship to, their disability; or if the behavior was the direct result of the school's failure to implement the IEP.

Key Points:

• Purpose: The MDR's purpose is NOT to determine guilt or innocence. It's to determine the *relationship* between the student's disability and their behavior.
• Timing: The MDR must be conducted before a Change of Placement.
• Participants: The IEP team, including you (the parent), school administrator, and relevant teachers, participate in the MDR.
• What They Review: The team will review all relevant information, including the IEP, teacher observations, disciplinary records, and any medical or psychological evaluations.
• Outcomes:
  • If the Behavior IS a Manifestation of the Disability: The IEP team MUST conduct a Functional Behavioral Assessment (FBA) (if one hasn't been done already) and implement or revise a Behavioral Intervention Plan (BIP). The student must be returned to their original placement, unless the parent and school agree otherwise.
  • If the Behavior IS NOT a Manifestation of the Disability: The student can be disciplined in the same way as students without disabilities, but the school still MUST provide Free and Appropriate Public Education (FAPE).
  • School's Failure to Implement IEP: Even if the behavior isn't directly related to the disability, if the MDR team finds the school failed to implement the IEP, the behavior IS considered a manifestation. The IEP must be immediately corrected, and the student generally returns to their placement.

Your Rights During the MDR:

• Attend and Actively Participate: You have the right to attend the MDR meeting and provide input. Bring documentation, observations, and any other relevant information. Don't be intimidated. This is your child's life.
• Request an Independent Educational Evaluation (IEE): If you disagree with the school's evaluation, you have the right to request an IEE at the school's expense (under certain circumstances).
• Record the Meeting (with consent): Texas is a "one-party consent" state, meaning you can record the meeting if you are a party to it. It is always wise to get written consent of all participants before recording. It's crucial to keep an accurate record of what is said.
• Don't Be Rushed: The MDR team should take the time necessary to thoroughly review all relevant information. Don't let them pressure you into a quick decision.

What to Do:

1. Prepare Thoroughly: Review your child's IEP, disciplinary records, and any relevant documentation. Write down your observations and concerns.
2. Bring a Support Person: Bring a friend, advocate, or attorney to the MDR meeting for support and to take notes.
3. Advocate Fiercely: Don't be afraid to ask questions, challenge assumptions, and advocate for your child's rights. Remember, the burden of proof is on the school to demonstrate that the behavior was NOT a manifestation of the disability.
4. If You Disagree: If you disagree with the MDR outcome, you have the right to file a grievance or request mediation. Don't let this go.

Change of Placement

A "Change of Placement" is a significant alteration in a student's educational setting due to disciplinary reasons. It's critical to understand what constitutes a Change of Placement because it triggers important IDEA protections for students with IEPs.

What is a Change of Placement?

Generally, a Change of Placement occurs when a student is:

• Removed from their current educational setting for more than 10 consecutive school days;
• Subjected to a series of removals that constitute a pattern (even if no single removal exceeds 10 days); or
• Placed in an interim alternative educational setting (IAES) for more than 45 school days for certain offenses (e.g., weapons, drugs, serious bodily injury).

Examples of Change of Placement:

• Long-Term Suspension: Suspension for more than 10 consecutive school days.
• Expulsion: Removal from school for a significant period.
• Placement in an Alternative School or Disciplinary Alternative Education Program (DAEP): Especially if it's a more restrictive environment than the student's current placement.

Interim Alternative Educational Setting (IAES):

In limited circumstances (weapons, drugs, or serious bodily injury), a school can place a student with an IEP in an IAES for up to 45 school days regardless of whether the behavior is a manifestation of the disability. However, even in this situation, the school must still provide FAPE.

What to Do If Facing a Change of Placement:

1. Demand an MDR: If your child has an IEP (or is suspected of having a disability), insist on a Manifestation Determination Review before any Change of Placement.
2. Challenge the School's Actions: If you believe the Change of Placement is inappropriate or violates your child's rights, file a grievance and/or request mediation.
3. Ensure FAPE is Provided: Even in an IAES or alternative placement, the school must provide FAPE, including access to the IEP goals and services. Make sure this is happening.

Filing a Level 1 Grievance

EMS ISD has a formal grievance policy that allows parents to challenge school decisions, including disciplinary actions. Understanding and using this policy can be a powerful tool to advocate for your child.

Level 1: The Principal

The first step in the grievance process is to file a written grievance with the principal of your child's school. This is your opportunity to formally state your concerns and request a specific resolution.

Key Steps:

1. Obtain the Grievance Policy: Find the EMS ISD's grievance policy (usually available on the district website or from the school). Understand the timelines and procedures.
2. Draft a Written Grievance: Your grievance should be clear, concise, and factual. Include:
   • Your child's name and grade level.
   • The date(s) of the incident(s) you are grieving.
   • A detailed description of the issue, including specific actions or decisions you are challenging.
   • The specific policy or regulation that you believe has been violated.
   • The specific remedy you are seeking (e.g., removal of a suspension, reinstatement to original placement, revision of the IEP).
   • Supporting documentation (e.g., suspension notices, emails, IEP).
3. Submit the Grievance: Submit the written grievance to the principal within the timeframe specified in the district's policy. Keep a copy for your records.
4. Attend the Meeting: The principal should schedule a meeting with you to discuss the grievance. Be prepared to present your case and answer questions.
5. Receive a Written Response: The principal must provide you with a written response to your grievance within the timeframe specified in the policy.

What to Do:

• Be Timely: Grievance policies have strict deadlines. Miss them, and you may lose your right to appeal.
• Document Everything: Keep copies of all documents, correspondence, and notes from meetings.
• Be Specific: Avoid vague accusations. Provide concrete details and evidence to support your claims.
• Escalate if Necessary: If you are not satisfied with the principal's response, you have the right to appeal to the next level (typically the Superintendent or their designee).

TEA State Complaint

If you believe EMS ISD has violated IDEA or other state or federal special education laws, you have the right to file a formal complaint with the Texas Education Agency (TEA). This is a more formal process than a local grievance and can lead to TEA investigating the school district.

Key Considerations:

• TEA Investigation: TEA will investigate your complaint and determine if the school district has violated special education laws.
• Corrective Action: If TEA finds a violation, they can order the school district to take corrective action, such as revising policies, providing compensatory education, or implementing new training programs.
• Time Limits: There are strict deadlines for filing a TEA complaint. Don't delay.
• Evidence is Crucial: You must provide sufficient evidence to support your claims.

How to File a TEA Complaint:

1. Obtain the Complaint Form: Download the TEA complaint form from the TEA website.
2. Complete the Form: Provide all required information, including a detailed description of the alleged violation, the specific laws or regulations that you believe have been violated, and supporting documentation.
3. Submit the Complaint: Submit the completed form to TEA.

Due Process

Due process is the most formal and legally binding method of resolving disputes with a school district regarding special education. It's a legal hearing before an impartial hearing officer who will make a decision based on the evidence presented. This should be considered as a last resort after other methods have been exhausted.

Key Points:

• Formal Legal Hearing: Due process is similar to a court trial. You will present evidence, call witnesses, and cross-examine the school district's witnesses.
• Legal Representation: Due process is complex. You should strongly consider hiring an attorney experienced in special education law.
• Impartial Hearing Officer: The hearing officer is a neutral third party who will make a decision based on the evidence.
• Decision is Binding: The hearing officer's decision is legally binding on both you and the school district (unless appealed).

When to Consider Due Process:

• Significant Disagreements: When you have fundamental disagreements with the school district about your child's IEP, placement, or services.
• Exhausted Other Options: When you have tried other methods of resolving the dispute (e.g., IEP meetings, mediation, grievances) and have not been successful.

This is a crisis. This is your child's future. Act now. Document everything. Seek legal advice. Don't give up.