The 10-Day Suspension Rule

Leander ISD, like all Texas school districts, operates under Texas Education Code and local policies regarding student discipline. A critical rule to understand is the 10-day suspension limit. Generally, a student cannot be suspended for more than 10 cumulative school days in a single school year without triggering certain procedural protections, especially if your child has an IEP (Individualized Education Program) or a 504 plan. This 10-day limit is **cumulative**, meaning it adds up across multiple suspensions throughout the year.

Why is this important? If your child is approaching or has exceeded 10 days of suspension, it can trigger a review process, potentially including a Manifestation Determination Review (MDR). For students with disabilities, repeated suspensions can indicate a need for modifications to their IEP or 504 plan.

What should you do?

• Track Suspension Days: Keep meticulous records of every suspension your child receives, including the date, duration, and reason. Request written confirmation of each suspension from the school.
• Request a Meeting: If your child is approaching 10 days of suspension, immediately request a meeting with the school principal, counselor, and special education personnel (if applicable). Document this request in writing (email is acceptable).
• Demand Justification: Demand a clear and documented justification for each suspension. Is the suspension aligned with the Student Code of Conduct? Were your child's rights properly considered?
• Consider Outside Help: Consult with an education attorney or advocate familiar with Texas education law and Leander ISD policies. They can advise you on your rights and help you navigate the disciplinary process.

What Is an MDR (Manifestation Determination Review)?

An MDR is a crucial process under the Individuals with Disabilities Education Act (IDEA) for students with IEPs. An MDR *must* be conducted when a school proposes to suspend a student with an IEP for more than 10 consecutive school days, or when there is a pattern of suspensions that total more than 10 school days in a school year and the suspensions constitute a Change of Placement. This isn't just a suggestion; it's the LAW.

Purpose of an MDR: The MDR team (which *must* include you, the parent/guardian, and relevant school personnel) determines if the student's behavior that led to the disciplinary action was:

• Caused by or directly and substantially related to the child's disability; or
• The direct result of the school's failure to implement the IEP.

Key Elements of an MDR:

• Parent Involvement: Your active participation is essential. You know your child best. Prepare to advocate strongly.
• IEP Review: The team must review the student's IEP and all relevant information in the student's file. Is the IEP appropriate? Is it being followed?
• Behavioral Intervention Plan (BIP): Does the IEP include a BIP? Is it being implemented effectively? Has it been reviewed and updated recently?
• Documentation: Demand to see all relevant documentation, including incident reports, witness statements, and any other records used to justify the disciplinary action.

MDR Outcomes and Your Rights:

• If the behavior *is* a manifestation of the disability: The student must be returned to their current placement (unless you and the school agree otherwise). The school must conduct a Functional Behavioral Assessment (FBA), implement a BIP, or revise the existing BIP to address the behavior.
• If the behavior *is not* a manifestation of the disability: The student can be disciplined in the same way as a student without an IEP, but the school must continue to provide educational services so the student can continue to participate in the general education curriculum and advance toward meeting their IEP goals.
• If the school failed to implement the IEP: This is a MAJOR violation. Demand immediate remediation of the IEP deficiencies and a return to the previous placement. Consider filing a TEA complaint (see below).

IMPORTANT: Never waive your right to an MDR. Schools sometimes try to pressure parents to agree to disciplinary actions without a proper MDR. Resist this pressure. Your child's rights depend on it. If the school does not want to perform a MDR, threaten legal action if they proceed with any disciplinary action over 10 cumulative days.

Change of Placement

A Change of Placement occurs when a disciplinary action results in a student being removed from their current educational setting for more than 10 consecutive school days or when a series of removals create a pattern. The pattern could be due to the length of each removal, the total amount of time the child is removed, or how close the removals occur to each other. In either scenario a Change of Placement triggers the MDR.

What does Change of Placement mean? It's not just about where the student physically attends school. It also considers the educational environment, support services, and opportunities for interaction with non-disabled peers.

When does a Change of Placement trigger special protections?

• As stated above, when the student is removed for more than 10 consecutive school days.
• When the student has a series of removals that create a pattern of exclusion (more than 10 cumulative days).

Your Rights Regarding Change of Placement:

• Right to an MDR: As mentioned above, any Change of Placement involving a student with an IEP triggers an MDR.
• Stay Put Provision: During a dispute regarding a Change of Placement, the "stay put" provision of IDEA generally allows the student to remain in their current placement (or the placement agreed upon by the parties) until the dispute is resolved through due process. This is a powerful protection; use it!

Be Vigilant: Schools may try to circumvent Change of Placement rules by issuing shorter suspensions that, in total, exceed 10 days but do not trigger an MDR. Track all disciplinary actions carefully and insist on your rights.

Filing a Level 1 Grievance

Leander ISD's Student Code of Conduct outlines a grievance process for addressing concerns about disciplinary actions. The first step is typically a Level 1 grievance.

What is a Level 1 Grievance? It is a formal, written complaint submitted to the school principal or other designated administrator. It outlines your concerns regarding the disciplinary action taken against your child and requests a specific resolution.

How to File a Level 1 Grievance:

• Obtain the Grievance Form: Request a copy of the Leander ISD grievance form from the school or district website.
• Document Everything: Gather all relevant documentation, including incident reports, witness statements, suspension notices, and any communication with school personnel.
• Be Specific: Clearly and concisely state your concerns. Explain why you believe the disciplinary action was unfair, inappropriate, or violated your child's rights. Refer to specific policies or regulations that were violated.
• State Your Desired Outcome: What specific remedy are you seeking? Examples: Reversal of the suspension, removal of the disciplinary action from your child's record, modification of the IEP, or implementation of a BIP.
• Submit in Writing: File the grievance form and supporting documentation in writing with the appropriate school official. Keep a copy for your records. Send the form by certified mail, return receipt requested.
• Timelines: Pay close attention to deadlines for filing the grievance. Missed deadlines can result in the grievance being dismissed. Contact the principal to clarify, but confirm in writing (email) the communicated deadline.

What to Expect After Filing:

• Investigation: The school principal or designated administrator will investigate the grievance.
• Meeting: You may be invited to a meeting to discuss the grievance. Bring an advocate or attorney if possible.
• Written Response: The school will provide a written response to your grievance, outlining their findings and decision.

If you are unsatisfied with the Level 1 response, you can escalate the grievance to Level 2 and potentially Level 3, following the procedures outlined in the Student Code of Conduct.

TEA State Complaint

If you believe Leander ISD is violating state or federal education laws, including IDEA, you have the right to file a formal complaint with the Texas Education Agency (TEA). This is a serious step, but it can be necessary to protect your child's rights.

When to File a TEA Complaint:

• Serious Violations: When the school is consistently failing to implement the IEP, denying your child necessary services, or violating due process rights.
• Unresolved Grievances: When you have exhausted the district's grievance process and are still unsatisfied with the outcome.
• Significant Harm: When the school's actions are causing significant harm to your child's education or well-being.

How to File a TEA Complaint:

• TEA Website: Visit the TEA website to find the complaint form and instructions for filing a complaint.
• Specific Allegations: Clearly and specifically state the violations you are alleging. Provide dates, times, and specific examples of the school's actions or omissions.
• Supporting Documentation: Include all relevant documentation, such as the IEP, incident reports, suspension notices, grievance filings, and communication with school personnel.
• Timeline: TEA has specific timelines for investigating and resolving complaints. Familiarize yourself with these timelines.

TEA Investigation: TEA will investigate your complaint and may conduct interviews, review documents, and visit the school. TEA can issue findings of noncompliance and order the school to take corrective action. The timeline to file a TEA complaint is generally one year from the date of the violation. Consult with an attorney to ensure you meet all required deadlines.

Due Process

Due process is a fundamental right under IDEA. It provides parents with a formal mechanism to resolve disputes with the school district regarding the identification, evaluation, or educational placement of a child with a disability.

When to Request Due Process:

• Disagreement with IEP: When you disagree with the IEP developed by the school.
• Denial of Services: When the school refuses to provide necessary services.
• Change of Placement Disputes: When you disagree with a proposed Change of Placement.
• Evaluation Disputes: When you disagree with the results of an evaluation or the school's refusal to conduct an evaluation.

The Due Process Hearing:

• Impartial Hearing Officer: A due process hearing is conducted before an impartial hearing officer who is not employed by the school district.
• Evidence and Testimony: Both you and the school district can present evidence and testimony.
• Legal Representation: You have the right to be represented by an attorney at a due process hearing. This is highly recommended.
• Decision: The hearing officer will issue a written decision based on the evidence presented.

Filing for Due Process:

• Written Complaint: You must file a written due process complaint with the school district and TEA. The complaint must contain specific information about the dispute.
• Mediation: IDEA encourages mediation as a way to resolve disputes before proceeding to a due process hearing.
• Timelines: There are strict timelines for filing a due process complaint and for conducting the hearing. Failure to meet these timelines can result in the dismissal of your case.

Due process is a complex legal process. It is essential to consult with an education attorney to understand your rights and to effectively represent your child's interests.