Dispute & Discipline Rights in Lamar CISD

URGENT GUIDE: Discipline Rights & Grievances in Lamar CISD

This guide is for parents and guardians facing student disciplinary action in Lamar Consolidated Independent School District (Lamar CISD). Time is of the essence! Understand your rights and act quickly to protect your child's education. This information is not a substitute for legal advice. Consult with an attorney or advocate specializing in special education law immediately if possible.

The 10-Day Suspension Rule

Lamar CISD, like all Texas school districts, has rules governing student suspensions. A student can be suspended for up to three school days by a teacher. More serious infractions can lead to suspension by the principal or other administrator. The key number to remember is 10. If your child accumulates more than 10 school days of suspension (either in a single school year OR if a single suspension is for longer than 10 days), several important legal protections kick in, especially if your child has an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA) or a Section 504 plan.

Why is 10 days so important? Accumulating more than 10 days of suspension triggers a potential "Change of Placement" under IDEA. This means the school is essentially altering where your child receives their education. With a Change of Placement come specific procedural safeguards and rights.

What to do IMMEDIATELY if your child is facing suspension:

• Stay Calm, but Act Fast: Don't panic, but don't delay. Time is not on your side.
• Get EVERYTHING in Writing: Demand a written notice of the suspension, detailing the reasons for the suspension, the length of the suspension, and the specific policy or rule your child allegedly violated. Do not rely on verbal communication alone.
• Know Your Child's Disciplinary History: Keep track of all prior suspensions, even minor ones. This is critical to determine if the 10-day threshold is approaching or has been reached.
• Request a Meeting: Request a meeting with the principal or administrator imposing the suspension as soon as possible. Bring documentation, including copies of IEPs, 504 plans, doctor's notes, and any other relevant information.
• Document Everything: Keep a detailed log of all conversations, dates, times, and names of individuals you speak with. Save all emails and documents related to the suspension.

What Is an MDR (Manifestation Determination Review)?

An MDR, or Manifestation Determination Review, is a critical process under IDEA. It is triggered when a student with an IEP is facing a suspension that constitutes a Change of Placement (meaning it exceeds 10 cumulative days in a school year or a single suspension longer than 10 days). The purpose of an MDR is to determine if the student's behavior that led to the disciplinary action was caused by, or had a direct and substantial relationship to, the student's disability OR was the direct result of the school's failure to implement the student's IEP.

Crucial questions to ask yourself when considering an MDR:

• Was the behavior a result of my child's disability? Consider whether the behavior is a common manifestation of their disability (e.g., impulsivity in ADHD, anxiety-driven outbursts, communication difficulties in autism).
• Was the IEP being properly implemented? Were the accommodations and supports outlined in the IEP being consistently provided? Were modifications made when the current plan was failing? Were behavior intervention plans followed? Were staff adequately trained on implementing the IEP?

What Happens During an MDR Meeting?

The MDR meeting must involve the parent(s), the relevant members of the IEP team (including school psychologist, special education teacher, and general education teacher), and a representative from the school district. The team will review all relevant information, including:

• The student's IEP
• Teacher observations
• Any relevant medical or psychological evaluations
• Disciplinary records

Possible Outcomes of an MDR:

• Manifestation: If the team determines the behavior was a manifestation of the disability OR the result of the school's failure to implement the IEP, the student MUST be returned to their placement (unless the parents and the school agree to a change of placement as part of the IEP process). The IEP team must then conduct a Functional Behavioral Assessment (FBA) and implement or revise a Behavior Intervention Plan (BIP) to address the behavior.
• No Manifestation: If the team determines the behavior was NOT a manifestation of the disability AND the IEP was properly implemented, the school district can discipline the student in the same manner as it would discipline a student without a disability. However, the school district MUST continue to provide educational services to the student during the period of suspension, so the student 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 student's IEP.

Prepare for the MDR:

• Gather Documentation: Bring copies of all relevant documents, including the IEP, evaluations, medical records, communication logs with teachers, and any evidence that supports your argument that the behavior was a manifestation of the disability or the IEP wasn't implemented properly.
• Consult with an Advocate or Attorney: If possible, have an advocate or attorney present at the MDR meeting. They can provide valuable support and ensure your rights are protected.
• Be Prepared to Advocate: Be prepared to clearly and concisely explain why you believe the behavior was related to your child's disability or the school's failure to implement the IEP. Don't be afraid to challenge the school's perspective.

Change of Placement

As mentioned earlier, a Change of Placement occurs when a student's disciplinary suspension accumulates to more than 10 school days in a school year OR if a single suspension is for longer than 10 school days. It can also occur if there is a series of suspensions that create a pattern of exclusion. A Change of Placement can also occur when a student is moved to an Interim Alternative Educational Setting (IAES) for certain offenses (drugs, weapons, serious bodily injury).

Understanding the IAES: Schools can place a student with disabilities in an IAES for up to 45 school days for specific offenses related to weapons, drugs, or inflicting serious bodily injury on another person. Even in this situation, a manifestation determination must be conducted.

What to do if a Change of Placement is Imminent or Has Occurred:

• Demand an MDR Immediately: This is your right under IDEA. Do not delay.
• Scrutinize the Proposed New Placement: Ensure the proposed placement is appropriate for your child's needs. Does it provide the necessary supports and services? Will it allow your child to continue making progress on their IEP goals?
• Refuse to Consent to a Change You Don't Agree With: You have the right to disagree with the school's proposed change of placement. If you disagree, you can invoke your due process rights (explained below).

Filing a Level 1 Grievance

If you believe Lamar CISD has violated your child's rights related to discipline (even if it doesn't involve IDEA), you have the right to file a grievance. The Lamar CISD grievance process is typically outlined in the district's policy manual, which should be available on their website. The first step is usually a Level 1 grievance.

General Steps for Filing a Level 1 Grievance (always check the district policy):

• Obtain the Grievance Form: Lamar CISD likely has a specific form for filing grievances. Obtain this form from the school, the district office, or their website.
• Complete the Form Thoroughly: Provide a clear and concise description of the issue, including dates, times, names of individuals involved, and the specific policies or rules you believe were violated. Be specific.
• Include Supporting Documentation: Attach copies of all relevant documents, such as suspension notices, IEPs, emails, and any other evidence that supports your claim.
• Submit the Grievance to the Designated Person: The grievance form will specify who to submit the grievance to. This is typically the principal or a designated administrator.
• Meet the Deadline: Grievances must be filed within a specific timeframe (often within 10-15 days of the incident). Pay close attention to the deadline to avoid having your grievance dismissed.
• Keep a Copy: Make sure you keep a copy of the grievance form and all supporting documentation for your records.

What to Expect After Filing a Level 1 Grievance:

The school district will typically investigate the grievance and provide a written response. The response may include a decision to uphold the suspension, modify the suspension, or take other corrective action. If you are not satisfied with the Level 1 response, you can typically appeal to the next level of the grievance process (Level 2), as outlined in the district's policy manual.

TEA State Complaint

If you believe Lamar CISD 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 by TEA.

Key Considerations Before Filing a TEA Complaint:

• Exhaust Local Remedies: TEA typically prefers that you exhaust all local remedies (e.g., the district grievance process) before filing a state complaint.
• Meet the Deadline: TEA complaints must typically be filed within one year of the date of the alleged violation.
• Specific Allegations: Your complaint must contain specific allegations of violations of special education laws. You must cite the specific law or regulation that you believe was violated.

How to File a TEA Complaint:

Information on filing a TEA complaint, including the complaint form and instructions, can be found on the TEA website. You will need to provide detailed information about the alleged violation, including the specific facts and circumstances, the names of individuals involved, and the specific laws or regulations that you believe were violated.

Due Process

Due process is your ultimate legal right under IDEA. It allows you to formally challenge the school district's decisions regarding your child's education, including disciplinary actions that you believe violate IDEA.

When to Consider Due Process:

• You disagree with the results of a manifestation determination.
• You disagree with the proposed change of placement.
• You believe the school district has failed to provide your child with a Free Appropriate Public Education (FAPE).

The Due Process Process:

The due process process is a formal legal proceeding that involves filing a complaint with the TEA, mediation, and potentially a hearing before an impartial hearing officer. Due process hearings are similar to court trials, and you have the right to be represented by an attorney. Because this is a legal matter, **seek legal counsel immediately** if you believe due process is necessary.

Important Considerations:

• Timeline: Due process timelines are strict. Act quickly.
• Legal Representation: Due process is complex. Legal representation is highly recommended.
• Evidence: Gather and preserve all evidence related to your case.

FINAL NOTE: This guide is for informational purposes only and does not constitute legal advice. You should consult with an attorney or advocate specializing in special education law as soon as possible if your child is facing disciplinary action in Lamar CISD. Your child's education and future are at stake. Fight for their rights!