Dispute & Discipline Rights in Frisco ISD

URGENT: Discipline Rights & Grievances in Frisco ISD - A Parent's Guide

If your child is facing disciplinary action in Frisco ISD, time is of the essence. This guide provides crucial information to help you understand your rights and advocate for your child. Don't delay - understand your rights NOW. This information is especially crucial for students with IEPs or 504 plans.

The 10-Day Suspension Rule: What You MUST Know

Frisco ISD, like all Texas school districts, operates under state and federal laws regarding student discipline. A key rule concerns suspensions. Generally, a student can be suspended for up to 3 school days by a teacher, or longer by an administrator, for violations of the Student Code of Conduct. However, if your child's cumulative suspensions reach 10 school days in a school year, special protections kick in, especially if your child has an IEP or 504 Plan.

• The Trigger: Reaching the 10th cumulative day of suspension triggers potential changes in placement and requires a Manifestation Determination Review (MDR) for students with IEPs.
• Documentation is Key: Keep meticulous records of every disciplinary action taken against your child, including dates, reasons for suspension, and the length of each suspension. Request copies of all disciplinary paperwork from the school.
• Non-consecutive suspensions count: It doesn't matter if the suspensions are consecutive or spread throughout the year. The cumulative total matters.
• In-School Suspension: In-School Suspension (ISS) might also count toward this total. Ask the school for clarification on their policies.

What is an MDR (Manifestation Determination Review)?

An MDR is a critical meeting required under the Individuals with Disabilities Education Act (IDEA) when a student with an IEP or 504 plan is facing a suspension that would constitute a "change of placement" (see the next section). The purpose of the MDR is to determine if the student's behavior that led to the disciplinary action 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.

This is a critical safeguard. If either of these conditions are met, the school CANNOT suspend the student as they normally would. Instead, they must take steps to address the root causes of the behavior, such as revising the IEP/504 plan, providing additional support, or conducting a Functional Behavior Assessment (FBA) and developing a Behavior Intervention Plan (BIP).

• Who Attends the MDR? You, as the parent, are a REQUIRED member of the MDR team. Other attendees include relevant school personnel (e.g., special education teacher, general education teacher, administrator), and anyone else with knowledge of the student's disability and behavior.
• Before the MDR: Review your child's IEP/504 plan carefully. Prepare to explain how the disability may have contributed to the behavior. Document any instances where you believe the IEP/504 plan was not properly implemented.
• During the MDR: Actively participate. Ask questions. Present your evidence. Don't be intimidated. Advocate fiercely for your child.
• The Outcome: The MDR team must reach a consensus. If the team determines that the behavior was a manifestation of the disability or a failure to implement the IEP/504, the student generally returns to their current placement (unless you and the school agree otherwise). The IEP/504 team must then address the issues identified in the MDR.
• What if the Behavior is NOT a Manifestation? Even if the team determines the behavior was not a manifestation of the disability, the school is still required to provide services to the student during the suspension (to the extent they would provide them to non-disabled students) to allow them to continue to participate in the general education curriculum.

IMPORTANT: The school must convene the MDR within 10 school days of making the decision to change the student's placement due to a violation of the code of conduct. Don't let them delay!

Change of Placement: Understanding the Threshold

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 suspensions creates a pattern that amounts to a change of placement. This is a critical threshold because it triggers significant procedural safeguards under IDEA.

Examples of what might constitute a Change of Placement:

• Long-Term Suspension: A suspension exceeding 10 consecutive school days is almost certainly a change of placement.
• Pattern of Short Suspensions: A series of shorter suspensions (e.g., 3-day suspensions every other week) that demonstrates a pattern of removing the student from their educational environment can also be considered a change of placement, especially if the total days of removal exceed 10 in a school year.
• Expulsion: Expulsion is always a change of placement.
• Alternative Educational Setting: A mandatory placement in a Disciplinary Alternative Education Program (DAEP) or other alternative setting can also be considered a change of placement, depending on its duration and the nature of the program.

If you believe your child's disciplinary actions constitute a change of placement, IMMEDIATELY demand an MDR (if your child has an IEP or 504 plan). Put your request in writing (email is fine) and keep a copy for your records.

Filing a Level 1 Grievance: Your First Line of Defense

Frisco ISD has a formal grievance policy to address concerns related to student discipline and other school-related issues. Filing a Level 1 grievance is the first step in challenging a disciplinary decision you believe is unfair, discriminatory, or violates your child's rights.

Important Considerations BEFORE Filing:

• Review the FISD Grievance Policy: Find it on the Frisco ISD website. Understand the timelines and procedures.
• Gather Evidence: Collect all relevant documentation, including suspension notices, incident reports, emails, and any other information that supports your case.
• Be Specific: Clearly state the specific disciplinary action you are challenging and the reasons why you believe it is wrong. Refer to specific policies or laws that were violated.
• Know the Timeline: You typically have a limited time (usually 10-15 school days) to file a Level 1 grievance from the date you became aware of the issue. Don't delay!

Steps to File a Level 1 Grievance:

1. Identify the Appropriate Grievance Officer: At Level 1, this is typically the principal or assistant principal of your child's school.
2. Submit Your Grievance in Writing: Use the form provided by Frisco ISD (available on their website), or draft a letter including the following information:
   • Your child's name and student ID number
   • Your name, address, and contact information
   • The date of the incident or disciplinary action
   • A clear and concise description of the grievance
   • The specific policy or law you believe was violated
   • The remedy you are seeking (e.g., removal of the suspension from your child's record, revision of school policy)
3. Keep a Copy: Make a copy of your grievance for your records.
4. Attend the Meeting: The grievance officer will typically schedule a meeting with you to discuss your concerns. Be prepared to present your evidence and argue your case.
5. Receive a Written Response: The grievance officer is required to provide you with a written response to your grievance within a specified timeframe (usually 10-15 school days).

If you are not satisfied with the response at Level 1, you can appeal to Level 2 (typically the Superintendent or their designee). Again, be aware of strict timelines for appeals.

TEA State Complaint: An External Option

If you believe Frisco ISD has violated a state or federal law related to special education (e.g., IDEA, Section 504), you can file a formal complaint with the Texas Education Agency (TEA). This is a more formal process than a grievance, and it can trigger an investigation by TEA.

When to Consider a TEA Complaint:

• You believe Frisco ISD has systematically failed to implement your child's IEP/504 plan.
• You believe Frisco ISD has discriminated against your child based on their disability.
• You have exhausted other avenues (e.g., grievances) and are still not satisfied.

TEA Complaint Process:

• Obtain the Complaint Form: Download the complaint form from the TEA website.
• Complete the Form Carefully: Provide detailed information about the alleged violations, including dates, specific incidents, and the names of individuals involved. Attach supporting documentation.
• Submit the Complaint to TEA: Follow the instructions on the complaint form for submitting the complaint.
• TEA Investigation: TEA will investigate your complaint. This may involve reviewing documents, interviewing witnesses, and conducting site visits.
• TEA Findings: TEA will issue a written report of its findings, including any corrective actions that Frisco ISD must take.

Filing a TEA complaint can be complex. Consider seeking legal advice from an attorney specializing in special education law.

Due Process: Your Ultimate Legal Right

Under IDEA, parents of students with disabilities have the right to request a due process hearing if they disagree with Frisco ISD regarding the identification, evaluation, or educational placement of their child, or the provision of a free appropriate public education (FAPE). This is essentially a legal trial before an administrative law judge.

Due process is a SERIOUS matter. It is highly recommended that you seek legal representation from an attorney experienced in special education law if you are considering requesting a due process hearing.

Key Considerations Regarding Due Process:

• Exhaustion of Remedies: In many cases, you must attempt to resolve the issue through other means (e.g., IEP meetings, mediations) before requesting a due process hearing.
• Statute of Limitations: There is a statute of limitations for filing a due process complaint (typically two years from the date you knew or should have known about the alleged violation).
• Legal Representation: Due process hearings are complex legal proceedings. You need an attorney to represent your interests effectively.
• Potential Outcomes: The administrative law judge can order Frisco ISD to take specific actions to remedy the violations, such as providing compensatory education, revising the IEP, or changing the student's placement.

This guide provides a general overview of discipline rights and grievances in Frisco ISD. It is NOT a substitute for legal advice. If you are facing a disciplinary issue with your child, ESPECIALLY if your child has an IEP or 504 plan, contact an attorney specializing in special education law IMMEDIATELY. Your child's future depends on it!