Dispute & Discipline Rights in Georgetown ISD

Discipline Rights & Grievances in Georgetown ISD: An Urgent Guide for Parents

This is a crisis guide for parents navigating disciplinary actions in Georgetown ISD, particularly concerning suspensions and potential changes of placement. Time is of the essence. Understand your rights and act quickly. If your child has been suspended, especially if they have an IEP or 504 plan, read this CAREFULLY.

The 10-Day Suspension Rule

Georgetown ISD, like all Texas districts, is governed by state law regarding suspensions. Be acutely aware of the cumulative number of suspension days your child receives in a school year. Repeated short-term suspensions can quickly add up, leading to more severe consequences.

Important: Once a student with an IEP or 504 plan has been suspended for more than 10 school days in a single academic year (even if those days are non-consecutive), the district *must* convene a meeting to determine if the behavior is a manifestation of the child's disability. This is crucial. Don't let the school skip this step. Demand it. This is your child's right.

What Is an MDR (Manifestation Determination Review)?

An MDR, or Manifestation Determination Review, is a critical process. It's a meeting involving school staff, parents, and relevant members of the IEP or 504 team. The purpose is to determine if your child's misconduct was:

• Caused by or directly and substantially related to your child's disability; or
• The direct result of the school's failure to implement your child's IEP or 504 plan.

If the answer to either of these questions is YES, the behavior is deemed a manifestation of the disability. The school *cannot* treat the misconduct as a typical disciplinary infraction. They must focus on addressing the underlying disability and modifying the IEP or 504 plan to prevent future occurrences. Prepare for this meeting. Bring documentation, observations, and advocate strongly for your child.

Change of Placement

A "Change of Placement" occurs when a disciplinary action results in your child being removed from their current educational setting for more than 10 consecutive school days, or for a pattern of removals totaling more than 10 school days in a school year that constitutes a significant change in the student's educational program. This could include placement in a Disciplinary Alternative Education Program (DAEP) or other alternative setting. For students with IEPs, certain actions, regardless of the length of suspension, can trigger Change of Placement rules under IDEA.

If a Change of Placement is being considered (especially for a student with an IEP), demand an MDR *before* the placement is changed. This is vital to protect your child's rights under IDEA. The school cannot unilaterally change your child's placement without proper due process, particularly if the behavior is related to their disability.

Filing a Level 1 Grievance

If you believe the school violated your child's rights related to discipline (e.g., failing to conduct an MDR, improperly changing placement, denying accommodations), you have the right to file a grievance. In Georgetown ISD, the first step is usually a Level 1 Grievance, typically filed with the school principal. Obtain the grievance form from the school or district website.

Your grievance should be clear, concise, and factual. State the specific policy or law that you believe was violated, the dates of the incidents, and the specific relief you are seeking (e.g., reinstatement of placement, a new MDR, modification of the IEP). Keep copies of everything you submit. There are strict timelines; adhere to them rigidly.

TEA State Complaint

If the grievance process does not resolve the issue satisfactorily, or if you believe the district is in widespread violation of special education laws, you can file a complaint with the Texas Education Agency (TEA). TEA has a formal complaint process and timelines. Gather all documentation (IEP, disciplinary records, grievance filings, communication with the school) and consult with a special education advocate or attorney before filing a TEA complaint.

Due Process

For students with IEPs, IDEA provides significant due process rights. If you disagree with the district's decisions regarding discipline or placement, you have the right to request a due process hearing. This is a formal legal proceeding where you can present evidence and arguments to an impartial hearing officer. Due process is a complex process. Seek legal counsel immediately if you are considering a due process hearing. Your child's future may depend on it.

This guide is for informational purposes only and does not constitute legal advice. Consult with an attorney or special education advocate for specific guidance related to your child's situation. Act now to protect your child's rights!