Dispute & Discipline Rights in Katy ISD

URGENT GUIDE: Discipline Rights & Grievances in Katy ISD

This guide is for parents facing disciplinary action against their child in Katy ISD. Time is often of the essence. Understand your rights and act quickly!

The 10-Day Suspension Rule: A Critical Limit

Katy ISD, like all Texas school districts, operates under the Texas Education Code regarding student discipline. A key point to remember is the 10-day suspension rule. School officials can suspend your child for up to 10 school days for certain violations of the Student Code of Conduct. However, there are crucial distinctions and implications, especially if your child has an IEP or 504 plan.

• Cumulative Days Matter: Even if individual suspensions are less than 10 days, the total number of days suspended during a school year can trigger specific legal protections. Pay close attention to the cumulative total!
• Informal Removals: Be aware of instances where your child is *effectively* suspended, even if it's not formally called a "suspension." Sending a child home early repeatedly, or consistently isolating them from their peers, could be considered an informal removal that, when accumulated, could trigger rights related to suspensions. DOCUMENT EVERYTHING.
• Suspension Paperwork: The school MUST provide written documentation outlining the reason for the suspension, the length of the suspension, and information about appealing the decision. If you don't receive this, DEMAND it immediately.

ACTION STEP: Keep a detailed record of every disciplinary action taken against your child, including dates, durations, reasons, and any communication with school officials. This record is invaluable if you need to file a grievance or complaint.

What Is an MDR (Mandatory Disciplinary Referral)?

An MDR, or Mandatory Disciplinary Referral, is a significant disciplinary action within Katy ISD. It essentially means the school believes your child's behavior warrants more serious consequences than a typical classroom intervention or short-term suspension. MDRs often lead to placement in a Disciplinary Alternative Education Program (DAEP) or, in more severe cases, recommendation for expulsion. It's crucial to understand the process and your rights at this stage.

• Mandatory Reporting: Certain offenses, often involving weapons, drugs, or violence, *require* the school to issue an MDR. The Student Code of Conduct outlines these offenses clearly. Review it CAREFULLY.
• Investigation: Following an MDR, the school will typically conduct an investigation. You have the right to know the details of this investigation and to provide your child's perspective. Do not let them interview your child without you present.
• DAEP Placement: A DAEP is a separate educational setting for students who have violated the Student Code of Conduct. Placement in a DAEP can be detrimental to a child's academic progress and social-emotional well-being. Fight DAEP placement if you believe it's unwarranted.
• Expulsion: Expulsion is the most severe disciplinary consequence and means your child is removed from school entirely. Expulsion is a serious matter with long-term implications.

IF YOUR CHILD RECEIVES AN MDR: Immediately request all documentation related to the incident, including witness statements and any reports filed by school personnel. Consult with an education attorney or advocate as soon as possible. Time is NOT on your side.

Change of Placement: Special Education and the IDEA

If your child has an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA) or a 504 plan, disciplinary actions are subject to additional safeguards. A key concept is "Change of Placement." This occurs when a student with an IEP or 504 plan is removed from their current educational setting for more than 10 consecutive school days OR when there is a pattern of removals that constitute a change of placement even if no single removal exceeds 10 days.

• 10-Day Rule for Special Education: This is where the "10-day suspension rule" gets complex. Removing a child with an IEP for more than 10 school days, whether consecutive or cumulative, can trigger a Change of Placement.
• Manifestation Determination Review (MDR): When a Change of Placement is considered, the school MUST conduct a Manifestation Determination Review (MDR). This meeting involves you, school administrators, special education staff, and potentially other relevant professionals. The purpose is to determine if the student's behavior was caused by, or directly related to, their disability OR if the behavior was the direct result of the school's failure to implement the IEP.
• Manifestation: If the behavior IS determined to be a manifestation of the disability, the IEP team must conduct a Functional Behavioral Assessment (FBA), implement or revise a Behavior Intervention Plan (BIP), and return the child to their original placement unless you and the school agree to a change of placement as part of the IEP.
• Failure to Implement IEP: If the behavior is the result of the school's failure to implement the IEP, the school must take immediate steps to remedy the situation and ensure the IEP is followed.
• Behavior NOT a Manifestation: If the behavior is determined NOT to be a manifestation of the disability, the student can be disciplined in the same way as a student without an IEP or 504 plan. However, the school STILL must provide Free Appropriate Public Education (FAPE) during the period of removal.

PREPARE FOR THE MANIFESTATION DETERMINATION REVIEW: Gather ALL relevant information about your child's disability, their IEP, and any instances where you believe the IEP was not implemented correctly. Bring an advocate or attorney if possible. The MDR meeting is CRUCIAL.

Filing a Level 1 Grievance in Katy ISD

If you disagree with a disciplinary decision made by Katy ISD, you have the right to file a grievance. Katy ISD has a multi-level grievance process. The first step is to file a Level 1 grievance.

• Timelines: There are strict timelines for filing grievances. Typically, you have a limited number of days (usually 10-15 business days) from the date you became aware of the issue to file your Level 1 grievance. MISSING THIS DEADLINE CAN BE FATAL TO YOUR CASE.
• Written Grievance: Your grievance MUST be in writing. Use the form provided by Katy ISD, or create your own, but ensure it includes all the necessary information: your child's name, the date of the incident, a detailed description of the issue, the specific policy or law you believe was violated, and the remedy you are seeking.
• Submit to the Correct Party: The Level 1 grievance is typically submitted to the school principal or the administrator who made the disciplinary decision. Check Katy ISD's policies carefully to ensure you are submitting it to the correct person.
• Documentation: Include all supporting documentation with your grievance, such as copies of incident reports, emails, and any other evidence that supports your claim.
• Keep a Copy: Always keep a copy of your grievance and all supporting documents for your records. Send the grievance via certified mail with return receipt requested to have proof of delivery.
• Response: The school is required to respond to your grievance within a specified timeframe. If you do not receive a response within that timeframe, you can proceed to the next level of the grievance process.

WHEN FILING A GRIEVANCE: Be clear, concise, and factual in your writing. Focus on the specific policy or law that you believe was violated. Avoid emotional language and personal attacks. DOCUMENT EVERYTHING.

TEA (Texas Education Agency) State Complaint

If you believe that Katy ISD has violated state or federal laws related to special education (IDEA), you can file a formal complaint with the Texas Education Agency (TEA). This is a more formal process than filing a grievance with the district.

• Eligibility: The TEA will only investigate complaints that allege violations of the IDEA or other federal or state laws related to special education.
• Timelines: There are strict timelines for filing a TEA complaint. Generally, you must file the complaint within one year of the date of the alleged violation.
• Written Complaint: Your complaint MUST be in writing and include specific information, such as your child's name, school, the nature of the alleged violation, and the facts supporting your claim. The TEA has a specific form you should use.
• Documentation: Include all supporting documentation with your complaint, such as copies of IEPs, evaluations, disciplinary records, and correspondence with the school district.
• Investigation: The TEA will investigate your complaint and may request additional information from you and the school district.
• Resolution: If the TEA finds that a violation has occurred, they will issue a corrective action plan that the school district must implement.

BEFORE FILING A TEA COMPLAINT: Attempt to resolve the issue at the local level through the district's grievance process. Document all your efforts to resolve the issue with the school district. The TEA is more likely to investigate if you have exhausted all local remedies.

Due Process: Your Ultimate Legal Recourse (IDEA)

Due process is a formal legal procedure available under the IDEA to resolve disputes between parents and school districts regarding the identification, evaluation, or educational placement of a child with a disability. It is a more formal and adversarial process than filing a grievance or a TEA complaint and often involves legal representation.

• When to File: Due process is appropriate when you have exhausted all other avenues for resolving the dispute and believe that the school district has violated your child's rights under the IDEA.
• Filing a Request: To initiate due process, you must file a written due process complaint with the TEA and provide a copy to the school district. The complaint must include specific information, such as your child's name, the nature of the dispute, and the proposed resolution.
• Resolution Session: Within 30 days of receiving the due process complaint, the school district must convene a resolution session with you to attempt to resolve the dispute.
• Hearing: If the resolution session is unsuccessful, the case will proceed to a due process hearing before an impartial hearing officer.
• Legal Representation: Due process hearings can be complex and require legal expertise. It is highly recommended that you obtain legal representation from an attorney who specializes in special education law.
• Decision: The hearing officer will issue a written decision that is binding on both you and the school district, subject to appeal.

DUE PROCESS IS SERIOUS: This is a legal proceeding. Consulting with a special education attorney is essential before initiating due process. This is often a lengthy and expensive process, but it may be necessary to protect your child's rights.

REMEMBER: This guide provides general information and is not a substitute for legal advice. Consult with an education attorney or advocate to discuss your specific situation and protect your child's rights in Katy ISD.