Dispute & Discipline Rights in Hays CISD

URGENT: Discipline Rights & Grievances in Hays CISD: A Crisis Guide

This guide is designed to help parents navigate the often-complex and confusing world of student discipline in Hays CISD. If your child is facing suspension, an MDR, or a Change of Placement, ACT IMMEDIATELY. Time is of the essence. This is not legal advice, but a compilation of information based on experience and publicly available resources. Consult with an attorney specializing in special education or student rights for personalized advice.

The 10-Day Suspension Rule

Hays CISD, like all Texas school districts, has rules regarding out-of-school suspensions (OSS). A crucial point to remember is the "10-Day Suspension Rule," particularly when dealing with students with disabilities covered under the Individuals with Disabilities Education Act (IDEA).

What is it? If a student with a disability is suspended for more than 10 cumulative school days in a single school year (whether those days are consecutive or not), it triggers certain procedural safeguards and considerations under IDEA. This is because multiple suspensions can effectively deny a student access to their Free Appropriate Public Education (FAPE).

Why is it important? Once a student reaches this 10-day threshold, any subsequent suspension that constitutes a "Change of Placement" (explained below) *must* be accompanied by a Manifestation Determination Review (MDR).

What to do:

• Track Suspension Days: Keep a meticulous record of every suspension your child receives, including the dates, duration, and reason. Don't rely solely on the school's records; maintain your own.
• Communicate with the School: As your child approaches 10 days of suspension, proactively communicate with the school administration, special education staff, and your child's ARD committee (if applicable). Remind them of the 10-day rule and the implications under IDEA.
• Demand an MDR: If a suspension will push your child over the 10-day limit and potentially constitutes a Change of Placement, *immediately* demand a Manifestation Determination Review. Do this in writing (email is acceptable, but save a copy).

What Is an MDR (Manifestation Determination Review)?

A Manifestation Determination Review (MDR) is a critical process designed to determine whether a student's behavior that led to disciplinary action was caused by, or had a direct and substantial relationship to, the student's disability. It's a safeguard to prevent students with disabilities from being unfairly punished for behaviors stemming from their disability.

When is an MDR Required? An MDR is required when a disciplinary action involves:

• A suspension that constitutes a "Change of Placement" (see next section). This is *most* likely to occur when a student has accumulated more than 10 days of suspension in a school year.
• Expulsion or other significant disciplinary action.

Who Participates in an MDR? The MDR is conducted by the relevant members of the student's ARD (Admission, Review, and Dismissal) committee and other qualified personnel. This *must* include the parent(s)/guardian(s).

What Happens During an MDR? The ARD committee will review all relevant information, including:

• The student's IEP (Individualized Education Program).
• Teacher observations and notes.
• Any relevant medical or psychological evaluations.
• Information provided by the parent(s)/guardian(s).

The committee will consider two key 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's failure to implement the student's IEP?

Outcomes of an MDR:

• If the behavior *was* a manifestation of the disability OR the result of the school's failure to implement the IEP: The student must be returned to their previous placement (unless the parents and the school agree otherwise). The ARD committee must conduct a functional behavioral assessment (FBA), if one hasn't already been conducted, and implement a behavior intervention plan (BIP), or revise the existing BIP.
• If the behavior was *not* a manifestation of the disability AND was not the result of the school's failure to implement the IEP: The student can be disciplined in the same manner as a student without a disability. However, the school must still provide educational services to the student during the period of suspension or expulsion so they can continue to participate in the general education curriculum (though in another setting).

Important: The burden of proof lies with the school to demonstrate that the behavior was *not* a manifestation of the disability. Don't let them intimidate you. Prepare your case. Gather documentation. Highlight any instances where the school failed to follow the IEP.

Change of Placement

A "Change of Placement" is a significant alteration in a student's educational setting, and it triggers certain procedural safeguards under IDEA. Determining whether a disciplinary action constitutes a Change of Placement is crucial, especially for students with disabilities.

What Constitutes a Change of Placement?

• Suspension Exceeding 10 Cumulative Days: As mentioned earlier, suspending a student with a disability for more than 10 cumulative school days in a school year can be considered a Change of Placement, especially if the suspensions form a pattern.
• Long-Term Suspension or Expulsion: These actions clearly constitute a Change of Placement.
• Pattern of Short Suspensions: Even short suspensions can constitute a Change of Placement if they form a pattern that effectively denies the student access to their FAPE. Consider factors like the length of each suspension, the total time the student is excluded, and the proximity of the suspensions to one another.

Why is it important? A Change of Placement triggers the right to an MDR. If the school attempts to change your child's placement without conducting an MDR (when required), they are violating your child's rights under IDEA.

What to do:

• Argue for a Manifestation Determination: If you believe a disciplinary action constitutes a Change of Placement, *insist* on an MDR. Clearly articulate your reasoning, citing the number of suspension days, the pattern of suspensions, and the potential impact on your child's access to FAPE.
• Document Everything: Keep meticulous records of all communications with the school, disciplinary actions, and any changes to your child's educational setting.

Filing a Level 1 Grievance

If you believe Hays CISD has violated your child's rights regarding discipline, you have the right to file a grievance. This is a formal process to address your concerns and seek resolution.

What is a Level 1 Grievance? The Level 1 grievance is the initial step in the grievance process within Hays CISD. It's your opportunity to present your complaint to the school principal or the administrator directly responsible for the decision you are grieving.

How to File a Level 1 Grievance:

1. Obtain the Grievance Form: Contact the school administration or visit the Hays CISD website to obtain the official grievance form. If a form isn't readily available, submit your grievance in a letter format, ensuring it includes all necessary information.
2. Complete the Form/Letter: Clearly and concisely state the specific issue you are grieving. Include the following:
   • Your child's name and student ID number.
   • The date of the incident(s) leading to the grievance.
   • A detailed description of the disciplinary action or decision you are contesting.
   • The specific policy, procedure, or law that you believe was violated. Be specific; cite the exact section number if possible. (e.g., "Violation of IDEA regarding Manifestation Determination Review").
   • The remedy you are seeking. What do you want the school to do to resolve the issue? (e.g., "Reinstate my child to their previous placement," "Conduct a proper Manifestation Determination Review," "Amend the disciplinary record").
   • Any supporting documentation, such as copies of suspension notices, IEP documents, or emails.
3. Submit the Grievance: Submit the completed form or letter to the school principal or the appropriate administrator. Obtain proof of delivery, such as a date-stamped copy or a confirmation email.
4. Timeline: Hays CISD has a specific timeline for responding to Level 1 grievances. Be sure to understand this timeline and track the progress of your grievance. Follow up with the school if you don't receive a timely response.

Important: Keep a copy of *everything* you submit. Document all conversations with school officials related to the grievance.

TEA State Complaint

If the Level 1 grievance process does not resolve your concerns, or if you believe the school's actions are a systemic violation of IDEA or other state or federal laws, you can file a complaint with the Texas Education Agency (TEA).

When to File a TEA Complaint:

• When you believe Hays CISD has violated state or federal laws related to special education or student rights.
• After exhausting the local grievance process (although you *can* file concurrently in certain circumstances).
• When you believe the violation is systemic and affects multiple students.

How to File a TEA Complaint:

1. Obtain the Complaint Form: Visit the TEA website to download the official complaint form. The form is available on the TEA website in the Special Education Resources section.
2. Complete the Form: The TEA complaint form requires detailed information about the alleged violation, including:
   • Your child's information.
   • A clear and concise description of the violation.
   • The specific laws or regulations that were violated.
   • Supporting documentation (e.g., IEP documents, suspension notices, grievance responses).
   • The corrective action you are seeking.
3. Submit the Complaint: Submit the completed form and all supporting documentation to TEA according to the instructions on the form.

TEA Investigation: TEA will investigate your complaint and determine whether a violation occurred. If TEA finds a violation, they may order the school district to take corrective action.

Important: There are strict deadlines for filing a TEA complaint. Don't delay! Act quickly to protect your child's rights.

Due Process

Due process is a formal legal procedure available to parents of students with disabilities when they disagree with the school district regarding the identification, evaluation, or educational placement of their child, or the provision of FAPE.

When to Request Due Process:

• When you disagree with the results of your child's evaluation.
• When you disagree with the contents of your child's IEP.
• When you believe the school district is not providing your child with FAPE.
• When you disagree with a disciplinary action that you believe violates IDEA.

How to Request Due Process:

1. File a Due Process Complaint: You must file a written due process complaint with Hays CISD and the TEA. The complaint must include specific information, such as:
   • Your child's name and address.
   • The name of the school your child attends.
   • A description of the problem, including the facts relating to the problem.
   • A proposed resolution to the problem.

Resolution Meeting: After you file a due process complaint, the school district must convene a resolution meeting within 15 days. The purpose of the resolution meeting is to attempt to resolve the dispute.

Due Process Hearing: If the dispute is not resolved during the resolution meeting, you have the right to a due process hearing. The hearing is conducted by an impartial hearing officer who will make a decision based on the evidence presented.

Important: Due process is a complex legal process. It is *highly* recommended that you consult with an attorney specializing in special education law before filing a due process complaint.

Disclaimer: This guide is intended for informational purposes only and does not constitute legal advice. If you have specific legal questions or concerns, you should consult with an attorney.