Dispute & Discipline Rights in Humble ISD

URGENT GUIDE: Discipline Rights & Grievances in Humble ISD

If your child is facing disciplinary action in Humble ISD, especially a suspension or potential Change of Placement, ACT IMMEDIATELY. Time is of the essence. This guide provides crucial information about your rights and how to fight back against unfair or inappropriate disciplinary measures. This guide is for informational purposes only and is not a substitute for legal advice. You should consult with an attorney specializing in special education or student rights as soon as possible.

Humble ISD, like all school districts in Texas, has disciplinary policies. However, these policies must be applied fairly and in accordance with state and federal laws, particularly the Individuals with Disabilities Education Act (IDEA) if your child has an IEP (Individualized Education Program) or a 504 plan. This guide focuses on how to protect your child, especially if they have a disability, from potentially damaging disciplinary actions.

The 10-Day Suspension Rule

The "10-Day Suspension Rule" is a crucial concept, particularly if your child has an IEP or 504 plan. It essentially states that if a student with a disability is removed from their current educational placement (e.g., through suspension) for more than 10 cumulative school days in a school year, it triggers specific protections under IDEA. These protections are designed to ensure that disciplinary actions are not disproportionately affecting students with disabilities and that the removals are not related to their disability.

Key implications of exceeding 10 days:

• Change of Placement Considerations: Removing a student for more than 10 days can be considered a Change of Placement (see below). This triggers a review process to determine if the behavior is a manifestation of the student's disability.
• Manifestation Determination Review (MDR): An MDR must be conducted. This is a critical meeting where the IEP team, including you as the parent, reviews the relationship between the student's disability and the behavior that led to the disciplinary action.
• Potential for Services: Even if a student is suspended or expelled, they may still be entitled to educational services to ensure they continue to make progress in their IEP goals.

What you MUST do:

• Track Suspension Days: Keep meticulous records of every suspension, no matter how short. Pay close attention when your child nears the 10-day threshold. Ask the school to provide you with the exact count they are using.
• Demand an MDR: If your child is approaching or has exceeded 10 days of suspension, IMMEDIATELY demand a Manifestation Determination Review (MDR) in writing. Do not delay.
• Document Everything: Keep copies of all communication with the school, including emails, letters, and notes from phone calls.

What Is an MDR (Manifestation Determination Review)?

A Manifestation Determination Review (MDR) is a critical process under IDEA. It's a meeting convened by the IEP team to determine if a student's behavior that led to disciplinary action was a manifestation of their disability. This is your opportunity to advocate fiercely for your child.

The MDR Process:

1. Convening the IEP Team: The school must convene the IEP team, which includes you as the parent, relevant school personnel (teachers, administrators, special education staff), and potentially other professionals who know your child.
2. Reviewing Relevant Information: The team reviews all relevant information, including:
   • The student's IEP
   • Evaluation and diagnostic results
   • Observations of the student
   • Teacher input
   • Information provided by the parent (THIS IS CRUCIAL)
3. Determining Manifestation: The team must answer two key questions:
   • Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?
   • Was the conduct in question the direct result of the school's failure to implement the IEP?

Outcomes of the MDR:

• If the behavior *IS* a manifestation of the disability: The student must be returned to their current placement (unless the parents and school agree otherwise). The IEP team must conduct a functional behavioral assessment (FBA) and implement a behavior intervention plan (BIP), or review and modify the existing BIP if one is already in place.
• If the behavior is *NOT* a manifestation of the disability: The student can be disciplined in the same way as students without disabilities, BUT they must still receive educational services to ensure they continue to participate in the general education curriculum and progress toward their IEP goals.

How to Prepare for the MDR:

• Gather Evidence: Collect any documentation that supports your argument that the behavior is related to your child's disability. This could include medical records, therapist reports, personal observations, and examples of how the disability impacts their behavior.
• Prepare a Statement: Write a clear and concise statement explaining why you believe the behavior is a manifestation of the disability. Focus on specific examples.
• Know Your Child's IEP: Be intimately familiar with your child's IEP. Know what accommodations and modifications are in place, and be prepared to argue if the school failed to implement them.
• Bring an Advocate: Consider bringing an advocate or attorney to the MDR meeting. They can provide valuable support and ensure your rights are protected.
• Do NOT Sign Anything You Don't Understand: If you are unsure about anything discussed in the MDR meeting, ask for clarification. Do not feel pressured to sign any documents immediately. You have the right to take them home and review them.

Change of Placement

A Change of Placement occurs when a student with a disability is removed from their current educational setting for more than 10 consecutive school days, or for a pattern of removals that constitute a significant change in placement (e.g., repeated short-term suspensions that create a substantial disruption to their education). Changes of Placement trigger IDEA protections, including the MDR process discussed above.

What Constitutes a "Pattern of Removals"?

A "pattern of removals" is determined by factors such as:

• The length of each removal
• The total amount of time the student is removed
• The proximity of the removals to one another
• The nature of the student's behavior leading to the removals

If a Change of Placement is occurring, the school *MUST*:

• Conduct an MDR (if the removals are for violations of a code of student conduct).
• Provide educational services to the student during the period of removal, to the extent determined necessary by the IEP team.

Fighting an Inappropriate Change of Placement:

• Demand an MDR: As mentioned above, this is the first and most crucial step.
• Request a Stay-Put: You have the right to invoke "stay-put," which means that your child remains in their current placement while you challenge the proposed change of placement. You must request a due process hearing to invoke stay-put. (See "Due Process" section below)

Filing a Level 1 Grievance

If you believe Humble ISD has violated your child's rights or has acted inappropriately in a disciplinary matter, you have the right to file a grievance. Humble ISD's grievance policy likely has multiple levels. The first step is typically a Level 1 grievance, which is usually filed with the principal or relevant administrator at your child's school.

Steps to Filing a Level 1 Grievance:

1. Obtain the Grievance Policy: Request a copy of Humble ISD's official grievance policy. This policy will outline the specific procedures, timelines, and requirements for filing a grievance. You should be able to find this on the Humble ISD website as well.
2. Prepare a Written Grievance: Your grievance should be clear, concise, and well-organized. Include the following information:
   • Your child's name and school
   • The date of the incident or violation
   • A detailed description of the incident or violation, including specific dates, times, locations, and individuals involved
   • The specific policy or law that you believe was violated
   • The remedy you are seeking (e.g., reinstatement of your child, removal of a suspension, modification of the IEP)
   • Any supporting documentation (e.g., emails, letters, witness statements)
3. Submit the Grievance: Submit the written grievance to the designated individual (usually the principal) as outlined in the district's policy. Keep a copy for your records. Send it via certified mail with return receipt requested to have proof of delivery.
4. Attend a Meeting (if required): The school may schedule a meeting to discuss the grievance. Be prepared to present your case and provide supporting evidence. Bring an advocate if you feel it would be helpful.
5. Await a Response: The school is required to respond to your grievance within a specified timeframe outlined in the district's policy.

If you are not satisfied with the Level 1 response, you can typically appeal to the next level of the grievance process. Be sure to follow the timelines outlined in the district's policy.

TEA State Complaint

If you believe that Humble ISD has violated state or federal special education laws, you can file a complaint with the Texas Education Agency (TEA). A TEA complaint is a formal process that can trigger an investigation into the district's practices.

When to File a TEA Complaint:

You might consider filing a TEA complaint if:

• The district has failed to implement your child's IEP.
• The district has denied your child appropriate educational services.
• The district has violated your procedural safeguards under IDEA.

How to File a TEA Complaint:

1. Obtain the Complaint Form: Download the official complaint form from the TEA website (search for "TEA Special Education Complaint").
2. Complete the Complaint Form: The complaint form requires detailed information about the alleged violation, including:
   • Your child's information
   • The district's information
   • A description of the problem, including specific dates, times, and individuals involved
   • The specific state or federal law that you believe was violated
   • The actions you have taken to resolve the problem
   • The remedy you are seeking
3. Provide Supporting Documentation: Attach any relevant documentation to support your complaint, such as IEPs, evaluations, letters, and emails.
4. Submit the Complaint: Submit the completed complaint form and supporting documentation to TEA as instructed on the form.

TEA Investigation:

TEA will investigate your complaint and issue a written decision. If TEA finds that the district has violated special education laws, it may order the district to take corrective action.

Due Process

Due process is a formal legal process under IDEA that allows you to resolve disputes with the school district regarding your child's special education. It is a more serious and complex process than a grievance or TEA complaint, and it typically involves an administrative hearing before an impartial hearing officer.

When to Request Due Process:

You might consider requesting due process if:

• You disagree with the district's evaluation of your child.
• You disagree with the district's proposed IEP.
• You believe the district has failed to provide your child with a free appropriate public education (FAPE).
• You disagree with a disciplinary action that you believe violates your child's rights under IDEA.

Requesting Due Process:

To request due process, you must file a written complaint with the school district and TEA. The complaint must include specific information, such as:

• Your child's information
• The district's information
• A description of the problem
• The proposed resolution

Mediation:

Before proceeding to a due process hearing, you and the district are typically required to participate in mediation. Mediation is a voluntary process where a neutral third party helps you and the district reach a mutually agreeable resolution.

Due Process Hearing:

If mediation is unsuccessful, you will proceed to a due process hearing. At the hearing, you and the district will present evidence and arguments to the hearing officer. The hearing officer will issue a written decision that is binding on both parties.

Important Considerations for Due Process:

• Statute of Limitations: There is a statute of limitations for filing a due process complaint. You must file your complaint within a specified timeframe (typically two years) from the date of the alleged violation.
• Legal Representation: Due process hearings can be complex and require a thorough understanding of special education law. It is highly recommended that you seek legal representation from an attorney specializing in special education law.
• Stay-Put Right: As mentioned earlier, you have the right to invoke "stay-put," which means that your child remains in their current placement while you are pursuing due process.

Protecting your child's rights in Humble ISD requires vigilance and proactive action. Do not hesitate to seek legal advice and advocate fiercely for your child's needs. Time is of the essence. Document everything.