Dispute & Discipline Rights in Keller ISD

Discipline Rights & Grievances in Keller ISD - URGENT GUIDE

IMPORTANT: This guide is intended to provide general information and should not be considered legal advice. If your child is facing disciplinary action in Keller ISD, it is crucial to consult with an attorney specializing in special education or student rights as soon as possible. Time is of the essence!

This guide is for parents facing the nightmare scenario: your child with disabilities is facing disciplinary action at Keller ISD. Navigating the system can be daunting, confusing, and frankly, designed to overwhelm you. This guide provides crucial information about your rights and how to fight for your child.

The 10-Day Suspension Rule

This is your FIRST ALERT. Under federal law, specifically the Individuals with Disabilities Education Act (IDEA), a student with disabilities cannot be suspended for more than 10 school days cumulatively in a school year without triggering significant protections. This is a critical threshold. Keep meticulous records of every suspension day, partial or full.

What Happens After 10 Days?

• Change of Placement Considerations: Exceeding 10 days of suspension may constitute a "change of placement." A Change of Placement triggers additional procedural safeguards designed to protect your child's right to a Free and Appropriate Public Education (FAPE).
• Manifestation Determination Review (MDR): If the district is contemplating a suspension or expulsion that would exceed 10 days, they MUST conduct a Manifestation Determination Review (MDR). More on this later.

Keller ISD Trying to Sneak Past the 10-Day Limit? Watch out for the following tactics:

• Short Suspensions: Several 1-2 day suspensions can quickly add up. Stay vigilant!
• In-School Suspension (ISS) Loopholes: If ISS is significantly different from your child's regular classroom environment (e.g., isolated, no access to IEP supports), it might count towards the 10-day limit. Argue this point fiercely! Document everything about ISS.
• Detention and other Disciplinary Actions: If these are creating a hostile or significantly different learning environment for your child, argue they should count toward the 10-day limit.

What Is an MDR (Manifestation Determination Review)?

The Manifestation Determination Review (MDR) is a critical meeting where the IEP team (including YOU, the parent) determines whether the student's misconduct was:

1. Caused by or directly and substantially related to the student's disability; or
2. The direct result of the school district's failure to implement the student's IEP.

This is where you fight!

Preparation is Key!

• Review the IEP: Thoroughly understand your child's IEP goals, accommodations, and modifications. Argue that the behavior is directly related to unmet needs outlined in the IEP.
• Gather Evidence: Collect all relevant documentation, including incident reports, teacher notes, emails, and medical records. Highlight any patterns of behavior or unmet needs.
• Consult with Experts: Talk to your child's therapist, doctor, or educational advocate. Obtain written statements supporting your argument that the behavior is linked to the disability.
• Understand the Law: Familiarize yourself with IDEA regulations regarding discipline and MDRs. Know your rights!

During the MDR Meeting:

• Be Assertive: Present your evidence clearly and confidently. Do not be intimidated by school officials.
• Focus on the Link: Explicitly explain how the student's disability contributed to the behavior. Use specific examples from the IEP and incident reports.
• Challenge the District: If the district failed to implement the IEP, hold them accountable. Demand that they address the IEP deficiencies.
• Document Everything: Take detailed notes of the meeting, including who said what. Request a copy of the official MDR determination.

What Happens If the Behavior IS a Manifestation of the Disability?

The school CANNOT suspend or expel your child in the same way they would a student without disabilities. They MUST:

• Conduct a Functional Behavioral Assessment (FBA): If one has not already been completed.
• Implement a Behavior Intervention Plan (BIP): Based on the FBA, designed to address the underlying causes of the behavior.
• Return the Student to Their Original Placement: Unless the parent and school agree to a change of placement as part of the BIP.

What Happens If the Behavior is NOT a Manifestation of the Disability?

Even if the MDR determines the behavior is NOT a manifestation, your child still has rights. The school can discipline your child as they would any other student. However, they MUST continue to provide FAPE. This means:

• Continued IEP Services: Even during suspension or alternative placement, your child is entitled to receive the services outlined in their IEP so they can continue to make progress in the general curriculum. Demand this!
• Transition Planning: Ensure there is a plan for your child to successfully transition back to their regular classroom after the disciplinary action.

Change of Placement

Any disciplinary action that removes your child from their current educational setting for more than 10 consecutive school days, or that constitutes a pattern of removals (even shorter suspensions) that total more than 10 days and create a significant change to the IEP, is considered a Change of Placement. This is a big deal because it triggers significant procedural safeguards.

Examples of Change of Placement:

• Expulsion
• Long-term suspension (more than 10 consecutive days)
• Placement in an alternative educational setting (DAEP - Disciplinary Alternative Education Program)
• A series of short suspensions that, when considered together, create a significant change to the student's educational program.

Your Rights During a Change of Placement:

• Notice: The school MUST provide you with written notice of the proposed change of placement, including the reasons for the action.
• Manifestation Determination Review (MDR): As discussed above, this is mandatory if the proposed change of placement results from a disciplinary action that would exceed 10 school days.
• Right to Challenge: You have the right to challenge the proposed change of placement through due process. See below.
• Stay Put: During the due process proceedings, your child generally has the right to remain in their current placement (the "stay put" provision) unless you and the school agree otherwise. This is a crucial protection!

Filing a Level 1 Grievance

Keller ISD has a grievance policy. Filing a grievance is a formal way to express your concerns and seek resolution to issues related to your child's education. While it might feel like a drop in the ocean, it establishes a paper trail and forces the district to respond.

When to File a Grievance:

• Violation of IEP rights
• Failure to implement IEP accommodations or modifications
• Inappropriate disciplinary actions
• Denial of FAPE

Level 1 Grievance Process:

1. Obtain the Grievance Form: Request a copy of the Keller ISD grievance policy and form from the school principal or district office. It's often buried on their website - dig for it.
2. Complete the Form: Clearly and concisely describe the specific issue or concern. Include relevant dates, names, and supporting documentation. Be factual and avoid emotional language (even though you're probably furious).
3. Submit the Form: Submit the completed grievance form to the appropriate school official (usually the principal). Keep a copy for your records!
4. Timeline: The principal has a limited time (usually 10-15 school days - check the policy!) to respond to your grievance. They will likely schedule a meeting to discuss the issue.
5. Unsatisfactory Response?: If you are not satisfied with the principal's response, you can appeal to the next level (Level 2), typically the superintendent.

Important Tips for Filing a Grievance:

• Document Everything: Keep copies of all correspondence, notes from meetings, and any other relevant information.
• Be Specific: Avoid vague complaints. Clearly identify the specific violation or problem.
• Stick to the Facts: Present your case in a calm and objective manner.
• Know Your Rights: Familiarize yourself with IDEA and other relevant laws and policies.

TEA State Complaint

If the Keller ISD grievance process fails to resolve the issue, you can file a formal complaint with the Texas Education Agency (TEA). A TEA complaint is a more formal process that can lead to a state investigation.

When to File a TEA Complaint:

• The school district has violated IDEA regulations.
• The school district has failed to provide FAPE.
• The school district has discriminated against your child based on their disability.

TEA Complaint Process:

1. Obtain the Complaint Form: Download the TEA complaint form from the TEA website or request it from TEA.
2. Complete the Form: Clearly and concisely describe the specific violation or problem. Include relevant dates, names, and supporting documentation. You MUST include a copy of the local grievance and response (if applicable).
3. Submit the Form: Submit the completed complaint form to TEA.
4. Investigation: TEA will investigate your complaint. This may involve reviewing documents, interviewing witnesses, and conducting site visits.
5. Decision: TEA will issue a written decision regarding your complaint. If TEA finds that the school district has violated IDEA, they will order corrective action.

Important Tips for Filing a TEA Complaint:

• Strict Timelines: TEA has strict deadlines for filing complaints (generally within one year of the alleged violation). Don't delay!
• Be Organized: Present your case in a clear and organized manner. Include all relevant documentation.
• Focus on Facts: Avoid emotional language. Stick to the facts and the law.
• Consult with an Attorney: Consider consulting with an attorney specializing in special education law to assist with preparing and filing the complaint.

Due Process

Due process is your ultimate weapon. It's a formal legal process that allows you to challenge the school district's decisions regarding your child's education. It's a significant undertaking, but sometimes it's the only way to protect your child's rights.

When to Request Due Process:

• You disagree with the IEP.
• You disagree with the MDR determination.
• You disagree with a proposed change of placement.
• The school district has failed to provide FAPE.

Due Process Process:

1. File a Due Process Complaint: File a written due process complaint with the school district and the TEA. The complaint must meet specific legal requirements.
2. Resolution Session: The school district must convene a resolution session within 15 days of receiving your complaint. The purpose of the resolution session is to try to resolve the dispute.
3. Mediation: If the resolution session is unsuccessful, you can request mediation. Mediation is a voluntary process where a neutral third party helps you and the school district reach an agreement.
4. Due Process Hearing: If mediation is unsuccessful, the case proceeds to a due process hearing. The hearing is similar to a court trial. You and the school district will present evidence and arguments to an impartial hearing officer.
5. Hearing Officer Decision: The hearing officer will issue a written decision within 45 days of the hearing.
6. Appeal: You can appeal the hearing officer's decision to state or federal court.

Important Tips for Due Process:

• Consult with an Attorney: Due process is a complex legal process. You NEED an attorney specializing in special education law.
• Gather Evidence: Collect all relevant documentation, including IEPs, evaluations, incident reports, and correspondence.
• Prepare Your Case: Work closely with your attorney to prepare your case. Identify your key arguments and gather evidence to support them.
• Be Prepared to Testify: You will likely be required to testify at the due process hearing. Prepare your testimony carefully.

Remember: This guide is a starting point. Your child's future is at stake. Don't hesitate to seek professional legal assistance. Fight for your child's rights. You are their best advocate!