Dispute & Discipline Rights in Judson ISD

Discipline Rights & Grievances in Judson ISD: A Parent's Urgent Guide

As a parent, the prospect of your child facing disciplinary action at school can be terrifying. This guide is designed to help you navigate the complex world of Judson ISD's disciplinary procedures, particularly concerning suspensions, MDRs, Change of Placement, and grievances. Remember, you are your child's strongest advocate. Arm yourself with information and fight for their rights!

The 10-Day Suspension Rule: Understand Your Limits

Texas law and federal regulations (specifically, the Individuals with Disabilities Education Act or IDEA) place limitations on how long a student can be suspended, particularly if they have an Individualized Education Program (IEP) or a Section 504 plan. The key is the "10-day rule."

What is the 10-Day Rule? In a school year, a student with an IEP or 504 plan can be suspended for a total of no more than 10 school days for separate incidents of misconduct before a Change of Placement occurs. This 10-day limit applies to *each* school year.

What Happens After 10 Days? If your child is facing a suspension that would exceed the 10-day limit (either cumulatively across multiple incidents or in a single incident), it triggers crucial IDEA protections, including a Manifestation Determination Review (MDR).

Important Considerations:

• Counting the Days: Make sure you are accurately counting the suspension days. A suspension of even a portion of a day counts as a full day for the purpose of the 10-day rule.
• In-School Suspension (ISS): While ISS might *seem* less severe, it can still count towards the 10-day limit, especially if the student is removed from their regular educational setting and doesn't receive the services outlined in their IEP or 504 plan. Question the nature of the ISS!
• Pattern of Suspensions: Even if no single suspension exceeds 10 days, a pattern of short suspensions that are close together can trigger a Change of Placement and require an MDR. Don't let the school nickel-and-dime your child's education away.
• Behavioral Intervention Plans (BIP): If your child has an IEP or 504, ensure their Behavior Intervention Plan (BIP) is being followed. If the school isn't adhering to the BIP, the suspension could be deemed inappropriate.

What is an MDR (Manifestation Determination Review)?

The Manifestation Determination Review (MDR) is a critical process mandated by IDEA. It's designed to determine if the student's misconduct was a manifestation of their disability.

When is an MDR Required? An MDR is required when a student with an IEP or 504 plan faces a suspension or expulsion that would constitute a Change of Placement (generally exceeding 10 cumulative days). The school *must* convene an MDR team.

Who is on the MDR Team? The MDR team typically includes:

• The parent(s)
• Relevant school personnel (e.g., special education teacher, general education teacher, administrator, IEP team members)
• The student (when appropriate)

What Does the MDR Team Do? The MDR team reviews all relevant information, including:

• The student's IEP or 504 plan
• Teacher observations
• Discipline records
• Any relevant medical or psychological evaluations

The Key Questions: The MDR team must determine TWO things:

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 IEP or 504 plan?

What Happens if the Conduct is a Manifestation? If the MDR team determines that the conduct *was* a manifestation of the disability OR that the school failed to implement the IEP/504, the student cannot be suspended or expelled in the same manner as a student without a disability. The school MUST:

• Conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted.
• Implement or revise a Behavior Intervention Plan (BIP).
• Return the student to their previous placement, unless the parents and the school agree to a change of placement as part of the BIP revision.

What Happens if the Conduct is NOT a Manifestation? If the MDR team determines that the conduct was *not* a manifestation of the disability and the school DID properly implement the IEP/504, the student can be disciplined in the same manner as students without disabilities. However, even in this case, the school is still required to provide services to the student during the suspension, so they can continue to participate in the general education curriculum, although in another setting, and continue to progress toward meeting the goals set out in the child's IEP.

IMPORTANT: Be an active participant in the MDR. Bring your own documentation, observations, and any relevant information. Don't be afraid to challenge the school's perspective if you believe they are not accurately representing your child's needs or the implementation of their IEP/504.

Change of Placement: What Triggers It & What It Means

A "Change of Placement" is a significant event under IDEA. It fundamentally alters a student's educational setting and requires careful consideration.

What Constitutes a Change of Placement?

• Suspension or expulsion for more than 10 consecutive school days.
• A series of suspensions that constitute a pattern of removal totaling more than 10 school days in a school year, because of behavior that is substantially similar to the child's behavior in previous incidents. Factors the school considers for this include the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another.
• Any disciplinary action that significantly alters a student's educational setting for an extended period (e.g., long-term alternative education placement).

Why is Change of Placement Important? A Change of Placement triggers the MDR process and ensures that a student's disability is considered when determining disciplinary consequences. It also ensures that the student continues to receive appropriate educational services.

What are your Rights During a Change of Placement?

• Right to Notice: You must receive written notice of the proposed Change of Placement.
• Right to Participate in the MDR: As discussed above, you are a key member of the MDR team.
• Right to Continued Services: Even during a suspension or expulsion, your child is entitled to receive educational services to enable them to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting their IEP goals.
• Right to Challenge the Decision: You have the right to challenge a Change of Placement decision through the grievance process, mediation, or due process hearing (see below).

Filing a Level 1 Grievance: Your First Step

If you believe your child's rights have been violated or that the school has acted unfairly, filing a grievance is often the first formal step you can take.

What is a Grievance? A grievance is a formal written complaint alleging a violation of district policy, state law, or federal law.

Judson ISD's Grievance Policy: Familiarize yourself with Judson ISD's grievance policy. This policy outlines the specific procedures, timelines, and requirements for filing a grievance. You can usually find this policy on the district's website.

Level 1 Grievance: The Level 1 grievance is typically filed with the school principal or the administrator directly involved in the issue. This is your opportunity to clearly state your complaint and propose a solution.

Steps to Filing a Level 1 Grievance:

1. Obtain the Grievance Form: Judson ISD may have a specific grievance form. Obtain this form from the school or district website. If no form exists, write a formal letter.
2. Clearly State the Issue: Be specific and concise. Describe the incident or situation that led to the grievance, including dates, times, locations, and names of individuals involved. Clearly explain how the school's actions violated district policy, state law, or federal law (e.g., IDEA).
3. Explain the Impact on Your Child: Describe how the school's actions have negatively impacted your child's education, well-being, or rights.
4. Propose a Solution: What specific actions do you want the school to take to resolve the issue? Be realistic and reasonable. Examples: Reinstatement of services, revision of the BIP, removal of a disciplinary action from the student's record.
5. Gather Supporting Documentation: Include any relevant documents to support your claim (e.g., IEP, 504 plan, disciplinary records, emails, witness statements).
6. Submit the Grievance: Submit the grievance to the appropriate administrator (usually the principal). Obtain a receipt or confirmation of submission.
7. Track Deadlines: The school district has a specific timeline for responding to your grievance. Track these deadlines carefully and follow up if you don't receive a timely response.

What Happens After Filing? The administrator will investigate the grievance and provide a written response. If you are not satisfied with the response, you may have the option to escalate the grievance to Level 2 (usually to a district-level administrator).

TEA State Complaint: An External Avenue

If you believe Judson ISD has violated state or federal special education laws (like IDEA), you can file a complaint with the Texas Education Agency (TEA).

When to File a TEA Complaint: You can file a TEA complaint if you believe the district has failed to comply with IDEA or other special education regulations. This can include issues related to IEP development, implementation, evaluations, discipline, or related services.

TEA Complaint Requirements:

• Written Complaint: The complaint must be in writing and signed.
• Specific Allegations: The complaint must clearly describe the specific violations of IDEA or other special education laws. Include dates, names, and specific details.
• Supporting Documentation: Include any documents that support your allegations (e.g., IEP, evaluations, correspondence with the school).
• Time Limit: Complaints must generally be filed within one year of the alleged violation.

How to File a TEA Complaint: Information on how to file a TEA complaint, including the complaint form and instructions, can be found on the TEA website. Search for "TEA Special Education Complaints."

What Happens After Filing? The TEA will investigate the complaint and determine whether the district violated special education laws. If the TEA finds a violation, it can order the district to take corrective action.

Due Process: Your Ultimate Protection

Due process is a formal legal process under IDEA that allows you to challenge the school district's decisions regarding your child's special education services. It is a more adversarial process than a grievance and often requires legal representation.

When to File for Due Process: You can file for due process when you disagree with the school district regarding:

• The identification of your child as having a disability.
• The evaluation of your child's needs.
• The IEP developed for your child.
• Your child's educational placement.
• Disciplinary actions (e.g., suspensions, expulsions).

Due Process Hearing: A due process hearing is similar to a court hearing. Both sides present evidence and witnesses before an impartial hearing officer, who will make a decision.

Legal Representation: Due process hearings can be complex and time-consuming. It is strongly recommended that you seek legal representation from an attorney experienced in special education law.

Statute of Limitations: There is a statute of limitations for filing for due process. Do not delay in seeking legal advice if you are considering this option.