Dispute & Discipline Rights in Garland ISD

URGENT GUIDE: Discipline Rights & Grievances in Garland ISD

This guide is for informational purposes only and does not constitute legal advice. If your child is facing disciplinary action, it is crucial to consult with an attorney specializing in special education law or student rights. Time is often of the essence!

As a parent of a child in Garland ISD, understanding your child's rights regarding discipline is crucial. This guide provides essential information about suspensions, Manifestation Determination Reviews (MDRs), Changes of Placement, grievances, and your recourse when you believe your child's rights have been violated. This guide is written from the perspective of a parent who is concerned and wants to advocate strongly for their child.

The 10-Day Suspension Rule: Knowing Your Child's Limits

Garland ISD, like all Texas school districts, operates under rules governing student suspensions. The crucial point to remember is the "10-day rule." A student can be suspended for up to 3 days for any given incident, although this can be extended if the school board approves it. However, when a child is suspended *more than 10 cumulative school days* in a single academic year, it triggers specific protections, especially if your child has an IEP (Individualized Education Program) or a 504 plan.

What to Watch For:

• Tracking Suspension Days: Keep meticulous records of every suspension, the reason for the suspension, and the number of days. Do not rely solely on the school to accurately track this.
• The Cumulative Effect: Even seemingly minor infractions can add up. A few 1-day suspensions can quickly reach the 10-day threshold.
• Special Education Protections: Once your child with an IEP or 504 plan reaches 10 days of suspension, the school *must* convene a Manifestation Determination Review (MDR). More on this below.

Why is the 10-day rule so important? Because it is at this point that federal law, specifically the Individuals with Disabilities Education Act (IDEA), kicks in to protect students with disabilities from discriminatory or inappropriate disciplinary actions.

What Is an MDR (Manifestation Determination Review)?

An MDR is a critical meeting held to determine if a student's misbehavior is a "manifestation" of their disability. In plain language: did your child's disability cause them to act in the way that led to the disciplinary action?

When Does an MDR Occur? As mentioned above, an MDR *must* be conducted when a student with an IEP or 504 plan is facing a suspension that will result in more than 10 cumulative school days of removal. It should be convened *immediately* after that 10th day is reached (or earlier if the school anticipates reaching that threshold).

Who Attends the MDR?

• You (the Parent): Your presence is essential! You are the expert on your child.
• School Representatives: This typically includes the principal, special education teacher, school psychologist, and other relevant staff members.
• The Student (Optional): Depending on the age and maturity of the student, they may participate.

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

• IEP/504 Plan: To understand your child's specific needs and accommodations.
• Student Records: Including disciplinary history, academic performance, and any relevant medical or psychological evaluations.
• Teacher Observations: Input from teachers who interact with your child regularly.
• Your Input: Your perspective on the behavior and its potential connection to your child's disability. This is your chance to advocate strongly!

The Key Questions: The MDR team must answer two crucial 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 team answers "yes" to either of the above questions, the behavior is deemed a manifestation of the disability. The school *cannot* suspend the student further (for that particular incident) in the same manner as a non-disabled student. The IEP team must then conduct a Functional Behavioral Assessment (FBA) and develop or revise a Behavior Intervention Plan (BIP) to address the behavior. The student returns to their current placement, unless the IEP team agrees to a different placement.
• No Manifestation: If the team answers "no" to both questions, the behavior is *not* deemed a manifestation. The student can be disciplined in the same manner as a non-disabled student. However, the school is still responsible for providing FAPE (Free Appropriate Public Education), meaning your child's IEP or 504 plan must still be followed during the disciplinary period.

What if you disagree with the MDR outcome? You have the right to appeal the decision! This will be discussed further in the "Due Process" section below.

Change of Placement: When Discipline Leads to Removal

A "Change of Placement" occurs when a student is removed from their current educational setting for more than 10 consecutive school days, or when there is a pattern of removals that constitutes a change of placement. This is a critical issue, especially for students with IEPs and 504 plans.

Examples of Change of Placement:

• Long-Term Suspension: A suspension lasting more than 10 consecutive days.
• Expulsion: Complete removal from the school district.
• Alternative Educational Setting (AES): Placement in a different school or program, especially if it is more restrictive.

Why is Change of Placement a Concern? A change of placement can disrupt a student's education, social connections, and overall well-being. For students with disabilities, it can be particularly detrimental if the new setting does not adequately meet their needs as outlined in their IEP or 504 plan.

Protections During a Change of Placement:

• MDR Requirement: As with suspensions exceeding 10 days, a Change of Placement *automatically* triggers the need for an MDR.
• FAPE Must Continue: Even if your child is placed in an alternative setting, the school district is still legally obligated to provide FAPE. This means ensuring that their IEP or 504 plan is implemented, and that they receive the services and supports they need to continue learning.
• Right to Appeal: You have the right to challenge a Change of Placement if you believe it is inappropriate or violates your child's rights.

Filing a Level 1 Grievance in Garland ISD

If you believe that Garland ISD has violated your child's rights regarding discipline or any other matter, you have the right to file a grievance. Garland ISD has a specific grievance policy, typically outlined in the student handbook. The first step is usually a Level 1 grievance.

What is a Level 1 Grievance? This is the initial formal complaint. It is usually filed with the school principal or the administrator directly involved in the issue.

Steps to Filing a Level 1 Grievance:

1. Obtain the Grievance Form: Get a copy of Garland ISD's grievance form. This is usually available on the district website or from the school principal's office.
2. Clearly State the Issue: In the grievance form, clearly and concisely describe the specific issue you are grieving. Be specific. Include dates, times, names of individuals involved, and relevant details.
3. Identify the Violation: State which specific policy, law, or regulation you believe has been violated. Refer to the student handbook, IDEA, Section 504, or other relevant sources.
4. Propose a Resolution: Clearly state what you want the school to do to resolve the issue. What outcome are you seeking? Be realistic and specific. For example, you might request that a suspension be expunged from your child's record, that the school implement a specific accommodation, or that staff receive additional training.
5. Submit the Grievance: Submit the completed grievance form to the appropriate administrator (usually the principal). Keep a copy for your records.
6. Follow Up: The school is required to respond to your grievance within a specific timeframe (usually within 10-15 school days). If you do not receive a response within that timeframe, follow up with the administrator.

Important Tips for Filing a Grievance:

• Document Everything: Keep copies of all correspondence, emails, and documents related to the issue.
• Be Polite but Firm: Maintain a respectful tone in your grievance, but be clear and assertive about your concerns and desired resolution.
• Know the Deadlines: Be aware of the timelines for filing and responding to grievances. Missed deadlines can weaken your case.

TEA (Texas Education Agency) State Complaint

If you are not satisfied with the outcome of the grievance process within Garland ISD, or if you believe the district has violated special education laws (IDEA), you can file a complaint with the Texas Education Agency (TEA).

What is a TEA State Complaint? This is a formal complaint filed with the TEA alleging that a school district has violated IDEA regulations.

How to File a TEA State Complaint:

• Requirements for Filing: You must generally file the complaint within one year of the date you became aware of the alleged violation. The complaint must be in writing and signed. It must include:
  • A statement that Garland ISD has violated a requirement of IDEA.
  • The facts on which the statement is based.
  • Information about the child (name, address, school).
  • A proposed resolution to the problem.
• Where to File: The complaint should be submitted to the TEA's Special Education Division. Information and the complaint form can be found on the TEA website (search for "TEA special education state complaint").
• TEA Investigation: The TEA will investigate the complaint and determine whether the district has violated IDEA. If the TEA finds a violation, it will issue a corrective action plan that the district must implement.

Due Process: Your Ultimate Recourse

If you disagree with the outcome of the MDR, a Change of Placement decision, or other special education-related issues, and you have exhausted other avenues (like grievances and TEA complaints), you have the right to request a due process hearing.

What is a Due Process Hearing? This is a formal legal proceeding where you present evidence and arguments to an impartial hearing officer who will make a decision about your child's special education rights.

When to Request a Due Process Hearing:

• Disagreement with MDR: If you believe the MDR team incorrectly determined that your child's behavior was not a manifestation of their disability.
• Disagreement with IEP: If you disagree with the content of your child's IEP or the services being provided.
• Disagreement with Placement: If you believe your child's placement is inappropriate.
• Failure to Provide FAPE: If you believe the school district has failed to provide your child with a Free Appropriate Public Education.

The Due Process Hearing Process:

1. Filing a Due Process Complaint: You must file a formal written complaint with the TEA and provide a copy to Garland ISD. The complaint must include specific information about the issue, your proposed resolution, and the facts supporting your claims.
2. Resolution Meeting: Within 15 days of receiving the due process complaint, the school district must convene a resolution meeting with you to attempt to resolve the issue.
3. Hearing: If the issue is not resolved at the resolution meeting, a due process hearing will be scheduled.
4. Hearing Officer: An impartial hearing officer will be appointed to conduct the hearing.
5. Presentation of Evidence: You and the school district will have the opportunity to present evidence, call witnesses, and cross-examine witnesses.
6. Hearing Officer Decision: The hearing officer will issue a written decision based on the evidence presented at the hearing.
7. Appeals: You have the right to appeal the hearing officer's decision to state or federal court.

Due process hearings can be complex and legally challenging. It is *highly recommended* that you seek legal representation from an attorney specializing in special education law if you are considering requesting a due process hearing.

Final Thoughts:

Navigating the disciplinary system in Garland ISD can be daunting, especially when your child has an IEP or 504 plan. Remember to be proactive, informed, and persistent in advocating for your child's rights. Document everything, communicate effectively, and don't hesitate to seek legal assistance when needed. You are your child's best advocate!