Dispute & Discipline Rights in Fort Worth ISD

URGENT GUIDE: Discipline Rights & Grievances in Fort Worth ISD

If your child is facing suspension, especially if they have an IEP or 504 plan, ACT IMMEDIATELY. Time is of the essence. This guide is designed to provide you with critical information about your rights and how to protect your child within Fort Worth ISD. This is not legal advice, consult an attorney for specific guidance.

The 10-Day Suspension Rule: What You NEED to Know

Fort Worth ISD, like all Texas school districts, has rules about suspensions. While a single suspension of fewer than 10 days is usually handled at the campus level, reaching a cumulative total of 10 days in a school year triggers specific rights, especially if your child has an Individualized Education Program (IEP) or a Section 504 plan.

Why 10 days is critical: Once your child reaches 10 cumulative days of suspension (in or out of school) in a single school year, the district must determine if the behavior leading to the suspensions is a manifestation of their disability. This is called a Manifestation Determination Review (MDR). Ignoring this can severely impact your child's educational future.

What to do IMMEDIATELY:

• Track suspensions: Keep a detailed record of every suspension, including dates, durations, and reasons. Don't rely solely on the school to do this accurately.
• Communicate: As soon as you suspect your child is nearing 10 days of suspension, send a written (email is fine, keep a copy) notice to the principal, special education director (if applicable), and your child's ARD committee members (if applicable). State that you are concerned about the cumulative suspension days and request an MDR if the next suspension will reach or exceed 10 days. Explicitly state you are requesting a manifestation determination review.
• Document EVERYTHING: Save all emails, letters, and notes from meetings. Document phone calls, including the date, time, and who you spoke with.

What Is an MDR (Manifestation Determination Review)?

An MDR is a meeting required under the Individuals with Disabilities Education Act (IDEA) to determine if a student's behavior leading to disciplinary action is a direct result of their disability or if the school failed to implement the IEP correctly. It's your child's lifeline if they have special needs.

Who attends the MDR? Typically, the MDR team includes you (the parent/guardian), relevant members of the IEP team (including the special education teacher, general education teacher, and administrator), and potentially other individuals with knowledge of your child's disability and behavior.

What happens at the MDR? The team reviews all relevant information, including:

• The child's IEP (if applicable)
• Evaluation and diagnostic results
• Teacher observations
• Discipline records
• Any information you provide (this is CRUCIAL - bring documentation!)

The Key Question: The MDR team must answer TWO critical questions:

1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?
2. Was the conduct in question the direct result of the school district's failure to implement the IEP?

Possible Outcomes of the MDR:

• Manifestation: If the answer to either of the above questions is YES, the behavior is deemed a manifestation of the disability. In this case, the school cannot impose further disciplinary action that would result in a Change of Placement (see below). The IEP team must conduct a Functional Behavioral Assessment (FBA) if one hasn't been done already, and develop (or revise) a Behavior Intervention Plan (BIP). The student returns to their current placement, unless the parent and school agree to a change of placement as part of the BIP. The school is also required to remedy any failure to implement the IEP.
• No Manifestation: If the answer to BOTH questions is NO, the behavior is NOT deemed a manifestation of the disability. The school can discipline the student in the same way it would discipline a student without a disability. However, the school still has to provide educational services to the student during the disciplinary period so they can continue to participate in the general education curriculum.

Important Considerations:

• Your Voice Matters: As the parent, your input is vital. Be prepared to articulate how your child's disability affects their behavior. Bring documentation, such as medical reports, therapist notes, and examples of how the school has failed to implement the IEP.
• "Substantial Relationship": This is a broad term. Argue that even seemingly unrelated behaviors can be linked to the disability. For example, anxiety can lead to defiance.
• IEP Implementation: Did the school actually follow the IEP? Were accommodations and modifications provided consistently and effectively? Document instances where the IEP was not followed.
• Challenging the Decision: If you disagree with the MDR outcome, you have the right to challenge it through due process (see below).

Change of Placement: What It Means & How to Fight It

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 because they total more than 10 school days in a school year, and because of factors such as:

• The length of each removal
• The total amount of time the child is removed
• The proximity of the removals to one another

Why it's a problem: A Change of Placement can disrupt your child's education, hinder their progress, and isolate them from their peers. It's especially detrimental for students with disabilities.

Examples of Change of Placement:

• Long-term suspension (more than 10 consecutive days)
• Expulsion
• Placement in an alternative educational setting (e.g., DAEP - Disciplinary Alternative Education Program) that significantly alters the child's learning environment

Your Rights if Facing a Change of Placement:

• Right to Notice: You must receive written notice of the proposed Change of Placement.
• Right to an MDR: As discussed above, an MDR is *required* if the Change of Placement is related to behaviors that have resulted in cumulative suspensions exceeding 10 days (for students with IEPs or 504 plans).
• Stay Put: During any dispute regarding a Change of Placement, your child has the right to remain in their current educational placement (this is called "stay put") until the issue is resolved through due process, unless you and the school agree otherwise. You *must* formally request "stay put" in writing. Do this immediately.

Fighting a Change of Placement:

• Focus on the IEP: Argue that the proposed Change of Placement is not appropriate given your child's needs as outlined in their IEP. Demonstrate how the current placement benefits your child and why the proposed change would be detrimental.
• Challenge the Behavior: If you believe the behavior leading to the proposed change was not as severe as the school claims, gather evidence to support your argument (e.g., witness statements, your own observations).
• Request an Independent Educational Evaluation (IEE): If you disagree with the school's evaluations, you have the right to request an IEE at the school's expense (under certain conditions). An IEE can provide a different perspective on your child's needs.

Filing a Level 1 Grievance (FWISD Policy)

Fort Worth ISD has a grievance policy for addressing complaints. This is typically the first step in formally challenging a school decision. Familiarize yourself with FWISD Policy FNG(LOCAL) - Employee Complaints/Grievances. Although this is titled as 'Employee' grievances, parents can generally use this process to address issues.

Important Considerations:

• Strict Deadlines: There are VERY strict deadlines for filing a Level 1 grievance, usually within 15 days of the event you're grieving. Miss the deadline, and your grievance may be dismissed.
• Formal Written Complaint: Your grievance must be in writing and clearly state:
  • The specific issue you are grieving.
  • The date(s) of the incident(s).
  • The specific policy or procedure that was violated (if applicable).
  • The remedy you are seeking (e.g., reinstatement of suspension, revision of the IEP, apology).
• Chain of Command: Typically, you file a Level 1 grievance with the person closest to the problem - usually the principal or teacher.
• Keep a Record: Keep a copy of your grievance and any responses you receive.

What to do if your Level 1 Grievance is Denied: You can appeal the decision to the next level (usually the Superintendent or designee) within the specified timeframe. Each level has its own deadlines and procedures, so pay close attention to the grievance policy.

TEA State Complaint

You can file a formal complaint with the Texas Education Agency (TEA) if you believe Fort Worth ISD has violated federal or state special education laws. This is a separate process from the district's grievance procedure.

When to File a TEA Complaint:

• The district has failed to implement your child's IEP.
• The district has denied your child a free and appropriate public education (FAPE).
• The district has violated procedural safeguards under IDEA.

TEA Complaint Requirements:

• The complaint must be in writing and signed.
• It must state the specific violation(s) you believe occurred.
• It must include facts supporting your allegations.
• It must describe the issues with sufficient detail to allow TEA to investigate.
• The violation must have occurred no more than one year prior to the date of the complaint.

TEA Investigation: TEA will investigate your complaint and issue a written decision. If TEA finds that the district violated special education laws, it will order corrective actions.

Due Process: Your Ultimate Weapon

Due process is a formal legal procedure under IDEA that allows you to resolve disputes with the school district regarding your child's special education. It's a serious step, but it's your ultimate recourse if all other attempts to resolve the issue have failed.

When to Request Due Process:

• You disagree with the MDR outcome.
• You disagree with the IEP team's decisions regarding your child's educational placement or services.
• You believe the district has violated your child's rights under IDEA.

Due Process Hearing: A due process hearing is similar to a court trial. You and the school district present evidence and arguments to an impartial hearing officer, who makes a binding decision.

Important Considerations:

• Statute of Limitations: There are strict time limits for requesting a due process hearing.
• Legal Representation: It is HIGHLY recommended that you seek legal representation from an attorney specializing in special education law. Due process hearings are complex and require legal expertise.
• Mediation: Before a due process hearing, you and the school district must usually participate in mediation to try to resolve the dispute informally.

This is a crisis. Don't wait. Start documenting everything, communicating with the school, and seeking legal advice IMMEDIATELY. Your child's future depends on it.