Dispute & Discipline Rights in Houston ISD

Discipline Rights & Grievances in Houston ISD - An Urgent Guide

If your child is facing suspension or disciplinary action in Houston ISD, ACT NOW. This guide provides critical information about your rights and how to protect your child. Do not delay; timelines are strict!

This guide is designed to empower parents navigating the often-confusing disciplinary processes in Houston ISD, especially when your child has an IEP or 504 plan. Understanding your rights is the first step in advocating effectively.

The 10-Day Suspension Rule

Houston ISD, like all school districts, has rules regarding suspension. A key point to remember is the 10-day cumulative suspension rule, particularly concerning students with IEPs or 504 plans.

Here's what you need to know:

• Short-Term Suspensions: Schools can issue short-term suspensions (usually 1-3 days) for violations of the Student Code of Conduct. However, the total number of days a student with an IEP or 504 plan can be suspended *in a school year* before triggering additional protections is typically 10.
• Cumulative Count: This isn't just about one single incident. It's about the *total* number of days your child has been suspended throughout the school year. Keep meticulous records of every suspension, no matter how short.
• Trigger Point: Once your child reaches or exceeds 10 cumulative days of suspension in a school year, a more formal process is required. This includes a potential Manifestation Determination Review (MDR). Do not let them get away with ignoring this requirement.
• Importance of Documentation: Keep a record of all disciplinary actions, dates, and reasons for suspension. Request copies of all disciplinary reports from the school immediately.

What Is an MDR (Manifestation Determination Review)?

An MDR is a crucial process required under the Individuals with Disabilities Education Act (IDEA) when a student with an IEP or 504 plan faces a suspension that constitutes a "change in placement" (more on that later). The purpose is to determine if the student's behavior that led to the disciplinary action was:

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

If either of these conditions is met, the behavior is considered a "manifestation" of the disability. This significantly limits the school's ability to impose long-term suspensions or expulsions.

Key Aspects of an MDR:

• Timeline: The MDR must be conducted within 10 school days of the decision to take disciplinary action that constitutes a change in placement. Do not let them drag their feet.
• Participants: The MDR team typically includes the parent(s), relevant school personnel (e.g., special education teacher, general education teacher, administrator), and, where appropriate, the student.
• Review of Information: The team reviews all relevant information in the student's file, including the IEP, teacher observations, and any relevant medical or psychological evaluations.
• Outcomes:
  • Manifestation: If the behavior is determined to be a manifestation of the disability, the IEP team must conduct a functional behavioral assessment (FBA), unless one has already been conducted, and implement or revise a behavioral intervention plan (BIP). The student generally returns to their current placement, unless the parents and the school agree otherwise.
  • No Manifestation: If the behavior is *not* a manifestation, the school can discipline the student in the same manner as students without disabilities, with some limitations. Even then, the school must still provide services to the student during the period of suspension or expulsion, to enable them to continue to participate in the general education curriculum and to progress toward meeting their IEP goals.

Change of Placement

A "change of placement" occurs when a student is removed from their current educational setting for more than 10 consecutive school days, or when the series of removals constitutes a pattern (even if each individual removal is less than 10 days).

A pattern of removals can occur when:

• The series of removals total more than 10 school days in a school year;
• The behavior is substantially similar to the student's behavior in previous incidents that resulted in the series of removals; and
• Additional factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another.

Why is "Change of Placement" Important? A change of placement triggers the requirement for an MDR for students with IEPs or 504 Plans, as discussed above.

Examples of situations that likely constitute a change of placement:

• A 15-day suspension.
• Multiple short-term suspensions (e.g., 3 days each) that, when added together, exceed 10 days in a school year, and show a pattern of similar behavior.
• Placement in an alternative educational setting (e.g., Disciplinary Alternative Education Program - DAEP) for more than 10 days.

Filing a Level 1 Grievance

If you believe the school has violated your child's rights regarding discipline, you have the right to file a grievance. Houston ISD has a formal grievance process. Filing a Level 1 grievance is usually the first step.

Key Steps in Filing a Level 1 Grievance:

• Obtain the Grievance Form: Request a copy of the Houston ISD grievance form from the school principal or the district's website.
• Complete the Form: Fill out the form completely and accurately. Be clear and concise about the specific violation you are alleging. Include dates, names, and specific details of the incident(s). Reference specific laws, regulations (e.g., IDEA), or district policies that you believe were violated.
• Gather Supporting Documentation: Attach any supporting documentation, such as suspension notices, emails, IEPs, 504 plans, and witness statements.
• File the Grievance: Submit the completed grievance form to the appropriate school official (typically the principal).
• Timeline: Be aware of the strict timelines for filing a grievance. Missing the deadline can result in the grievance being dismissed. Check the HISD policy for specific timelines.
• Keep a Copy: Make a copy of the grievance form and all supporting documents for your records.
• Follow Up: Follow up with the school to ensure that the grievance is being processed. Document all communication.

TEA (Texas Education Agency) State Complaint

If the Level 1 grievance process does not resolve the issue, or if you believe the violation is systemic or particularly egregious, you can file a formal complaint with the Texas Education Agency (TEA).

Filing a TEA Complaint:

• Eligibility: You can file a TEA complaint if you believe that Houston ISD has violated a federal or state law or regulation related to special education.
• Complaint Form: Obtain the official TEA complaint form from the TEA website.
• Detailed Information: The complaint form requires detailed information about the alleged violation, including specific dates, names, and the legal basis for your complaint.
• Supporting Documentation: Attach all relevant documentation, including copies of your child's IEP, disciplinary records, correspondence with the school, and any other evidence supporting your claim.
• Timelines: TEA has specific timelines for filing a complaint. Generally, you must file the complaint within one year of the date of the alleged violation.
• TEA Investigation: TEA will investigate the complaint and may conduct interviews, review documents, and visit the school.
• TEA Decision: TEA will issue a written decision, which may include findings of fact, conclusions of law, and orders for corrective action.

Due Process

Due process is a formal legal procedure available to parents of students with disabilities when they disagree with the school district's decisions regarding their child's identification, evaluation, educational placement, or the provision of a free appropriate public education (FAPE).

Key Aspects of Due Process:

• Trigger: Due process is typically initiated after other attempts to resolve the dispute (e.g., IEP meetings, mediation, grievances) have been unsuccessful.
• Filing a Request: To initiate due process, you must file a written request with the school district. The request must include specific information about the issues in dispute and the relief you are seeking.
• Mediation: Before proceeding to a hearing, the parties may participate in mediation to attempt to resolve the dispute.
• Due Process Hearing: If mediation is unsuccessful, a due process hearing will be conducted before an impartial hearing officer.
• Evidence and Testimony: During the hearing, both the parents and the school district can present evidence and testimony.
• Hearing Officer's Decision: The hearing officer will issue a written decision, which is binding on both parties.
• Appeals: Either party can appeal the hearing officer's decision to a state or federal court.

Remember: Time is of the essence. Document everything. Seek legal advice. Advocate fiercely for your child.