Dispute & Discipline Rights in Lewisville ISD

Discipline Rights & Grievances in Lewisville ISD: A Crisis Guide for Parents

URGENT: If your child is facing disciplinary action in Lewisville ISD, particularly suspension or placement in a Disciplinary Alternative Education Program (DAEP), you need to understand your rights IMMEDIATELY. This guide is designed to help you navigate this complex process, especially if your child has an IEP or 504 plan. Time is of the essence!

The 10-Day Suspension Rule: A Critical Threshold

Lewisville ISD, like all Texas school districts, operates under the Texas Education Code, which places limitations on the length of suspensions. The "10-Day Suspension Rule" is a critical point to understand, especially if your child has an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA) or a Section 504 plan. This rule triggers specific protections for students with disabilities.

What it Means: If a student with an IEP or 504 plan is suspended for more than 10 cumulative school days in a school year (this doesn't have to be consecutive suspensions), it constitutes a "Change of Placement" under federal law. This triggers mandatory protections, including a Manifestation Determination Review (MDR). Keep meticulous records of all suspensions - even partial-day suspensions can count towards this total.

Why it's Important: The Change of Placement designation significantly alters the disciplinary process. The school district must convene an MDR team to determine if the student's behavior was caused by, or directly and substantially related to, their disability; or if the behavior was the direct result of the district's failure to implement the IEP. If either of these is true, your child cannot be suspended for more than 10 days or placed in a DAEP without significant modifications to their IEP or 504 plan.

What to do:

• Track all suspensions meticulously. Keep a detailed record of each suspension, including the dates, duration, and reasons for the suspension.
• If your child is approaching or has exceeded 10 days of suspension, immediately notify the school in writing that you are aware of the 10-day rule and demand a Manifestation Determination Review. Do not delay! Time is critical. Use certified mail with return receipt requested to document delivery.
• Review your child's IEP or 504 plan. Ensure it is being followed. If there are unresolved issues or areas where the plan is not being properly implemented, document them and bring them to the attention of the school.

What Is an MDR (Manifestation Determination Review)?

A Manifestation Determination Review (MDR) is a meeting convened by the school district to determine if a student's misconduct is related to their disability. It is a crucial safeguard to protect students with IEPs or 504 plans from unfair disciplinary actions.

Who Attends? The MDR team typically includes:

• Parents/Guardians
• Relevant members of the IEP team (e.g., special education teacher, general education teacher, school psychologist, administrator)
• The student (if appropriate and invited)

What Happens at the MDR? The team will review:

• The student's IEP or 504 plan
• The student's academic and behavioral records
• Relevant information provided by the parents
• Any teacher observations regarding the student's behavior

The Outcome of the MDR: The team will determine ONE of the following:

• The behavior was a manifestation of the student's disability: This means the behavior was caused by, or directly and substantially related to, the disability, OR was a direct result of the school district's failure to implement the IEP. If so, the student cannot be disciplined in the same way as a student without a disability. The IEP team must then address the behavior through IEP modifications, supports, and services.
• The behavior was NOT a manifestation of the student's disability: This means the behavior was not related to the student's disability, and the school district can discipline the student in the same manner as students without disabilities, potentially including suspension or DAEP placement. However, even in this case, the district must continue to provide special education services during the disciplinary removal.

Preparation for the MDR is Critical:

• Gather all relevant documentation. This includes the IEP or 504 plan, any behavioral assessments, medical records, and any communication with the school about your child's behavior.
• Prepare a statement. Explain your perspective on the situation, highlighting any factors related to your child's disability that may have contributed to the behavior. Point out any instances where the school failed to implement the IEP or 504 plan.
• Bring an advocate. Consider bringing a special education advocate or attorney to the MDR meeting to ensure your child's rights are protected.
• Document everything. Take detailed notes of the meeting and request a copy of the MDR determination.

Change of Placement: What It Really Means for Your Child

A "Change of Placement" in the context of special education law refers to a significant alteration in the educational setting for a student with an IEP or 504 plan. As mentioned earlier, a suspension exceeding 10 cumulative school days in a school year automatically constitutes a Change of Placement. However, a DAEP placement or expulsion can also be considered a Change of Placement, even if it's less than 10 days.

Why is "Change of Placement" so important?

1. Triggers an MDR: A Change of Placement *always* triggers a Manifestation Determination Review. The school must conduct the MDR before implementing the change of placement, with very limited exceptions (e.g., weapons, drugs, serious bodily injury).
2. Requires IEP Review: The IEP team must review the IEP to ensure it is still appropriate for the student's needs, given the change in educational setting. They need to consider if new supports or services are needed to address the behavior that led to the change of placement.
3. Maintains FAPE (Free Appropriate Public Education): Even if a student is in a DAEP or expelled, they are still entitled to receive a Free Appropriate Public Education (FAPE). The school district must continue to provide special education and related services to meet the student's needs. This is often achieved through alternative methods, such as online learning or tutoring.

What to do if your child faces a Change of Placement:

• Immediately request a copy of all disciplinary records. This includes incident reports, witness statements, and any other documentation related to the incident.
• Demand a Manifestation Determination Review. Do this in writing, immediately. Do not allow the school to proceed with the Change of Placement without conducting the MDR.
• Scrutinize the proposed new placement. Is the DAEP or alternative setting appropriate for your child's needs? Does it offer the necessary supports and services? Research the DAEP program within Lewisville ISD. Talk to other parents, if possible.
• Advocate for IEP modifications. If the MDR determines the behavior was a manifestation of your child's disability, demand that the IEP team modify the IEP to address the underlying causes of the behavior. This may include adding behavioral supports, counseling services, or alternative teaching strategies.

Filing a Level 1 Grievance: Your First Line of Defense

Lewisville ISD, like all Texas school districts, has a grievance policy that allows parents to formally challenge school decisions. Filing a Level 1 grievance is often the first step in disputing a disciplinary action. It's essential to follow the proper procedures and deadlines to ensure your grievance is considered.

Where to Find the Grievance Policy: The Lewisville ISD grievance policy should be available on the district's website. Search for "Lewisville ISD Grievance Policy" or "Lewisville ISD Board Policy FNG(LOCAL)." Familiarize yourself with the specific timelines and procedures outlined in the policy.

Key Steps in Filing a Level 1 Grievance:

1. Identify the Decision to Grieve: Clearly state the specific disciplinary action you are challenging (e.g., suspension, DAEP placement, denial of services).
2. Gather Supporting Documentation: Collect all relevant documents, including incident reports, suspension notices, IEPs, 504 plans, communication with the school, and any other evidence that supports your claim.
3. Prepare a Written Grievance: The grievance must be in writing and must clearly state:
   • Your child's name and student ID number
   • The date of the incident or decision you are grieving
   • A clear and concise description of the issue
   • The specific relief you are seeking (e.g., removal of the suspension from the record, reinstatement to the regular classroom, modification of the IEP)
   • Your contact information
   • The date and your signature
4. Submit the Grievance: Submit the grievance to the appropriate school official, as specified in the district's policy. This is typically the principal or assistant principal. Keep a copy of the grievance for your records. Send it via certified mail with return receipt requested to prove the date of delivery.
5. Meet with the School Official: The school official will typically schedule a meeting with you to discuss the grievance. Be prepared to present your case clearly and concisely. Bring your documentation and any witnesses who can support your claim.
6. Receive a Written Response: The school official must provide you with a written response to your grievance within the timeframe specified in the district's policy.

If you are not satisfied with the Level 1 response, you can appeal to Level 2 (typically the superintendent or a designee) and potentially Level 3 (the school board). Be sure to follow the deadlines and procedures outlined in the district's policy at each level.

TEA State Complaint: An External Option

If you believe Lewisville ISD has violated state or federal special education laws, you have the right to file a complaint with the Texas Education Agency (TEA). A TEA complaint is a formal process that can result in an investigation and corrective action by the state.

When to File a TEA Complaint: You may consider filing a TEA complaint if:

• The school district has failed to implement your child's IEP or 504 plan.
• The school district has violated your child's procedural safeguards under IDEA.
• The school district has discriminated against your child based on their disability.

How to File a TEA Complaint:

• Obtain the Complaint Form: You can download the TEA complaint form from the TEA website. Search for "TEA Special Education Complaints."
• Complete the Complaint Form: The complaint form requires you to provide detailed information about the alleged violation, including:
  • Your child's name and school
  • A clear and concise description of the issue
  • The specific state or federal laws that you believe have been violated
  • Supporting documentation (IEP, 504 plan, school records, etc.)
• Submit the Complaint: Submit the completed complaint form and supporting documentation to TEA according to the instructions on the form.

TEA's Investigation: TEA will investigate your complaint and determine whether the school district has violated state or federal law. If TEA finds a violation, it may order the school district to take corrective action, such as providing compensatory education or modifying its policies and procedures.

Important Considerations: There are strict deadlines for filing a TEA complaint. The complaint must generally be filed within one year of the date of the alleged violation. It's advisable to consult with a special education attorney or advocate before filing a TEA complaint.

Due Process: The Ultimate Protection (and Responsibility)

Due process is the most formal and adversarial process available to parents of children with disabilities. It provides a legal avenue to resolve disputes with the school district regarding the identification, evaluation, or educational placement of your child, or the provision of a free appropriate public education (FAPE).

When to Consider Due Process: Due process is typically considered as a last resort, after other attempts to resolve the issue have failed. You might consider due process if:

• The school district refuses to conduct an evaluation of your child.
• You disagree with the results of the school district's evaluation.
• The school district refuses to provide the services outlined in your child's IEP.
• You believe the school district has violated your child's rights under IDEA.

The Due Process Hearing: A due process hearing is a formal legal proceeding similar to a court trial. Both you and the school district will present evidence and witnesses to support your respective positions. An impartial hearing officer will preside over the hearing and issue a decision.

Key Considerations:

• Legal Representation: Due process hearings are complex legal proceedings. It is highly recommended that you seek legal representation from a special education attorney.
• Costs: Due process hearings can be expensive. You may be responsible for paying your attorney's fees and other costs associated with the hearing. However, if you prevail in the hearing, you may be able to recover your attorney's fees from the school district.
• Timelines: There are strict timelines for filing a due process complaint and conducting the hearing.

Filing a Due Process Complaint:

• Contact an Attorney: Your first step should be to contact a special education attorney who can advise you on your rights and the due process procedures.
• File a Due Process Complaint: You must file a written due process complaint with the school district and TEA. The complaint must include specific information about the issues you are raising and the relief you are seeking.

This guide is intended for informational purposes only and does not constitute legal advice. If your child is facing disciplinary action in Lewisville ISD, you should consult with a special education attorney or advocate as soon as possible to protect your child's rights. Don't delay - your child's future may depend on it!