Dispute & Discipline Rights in McKinney ISD

URGENT GUIDE: Discipline Rights & Grievances in McKinney ISD

This guide is for informational purposes only and should not be considered legal advice. If you believe your child's rights are being violated, seek legal counsel immediately.

As a parent navigating the disciplinary process in McKinney ISD, you need to be informed and proactive. This guide provides critical information about your child's rights, specifically focusing on suspensions, disciplinary placements, and grievance procedures. This is especially crucial if your child has an Individualized Education Program (IEP) or a 504 plan.

The 10-Day Suspension Rule: Know Your Limit

McKinney ISD, like all school districts, is limited in how many days a student can be suspended before triggering significant procedural safeguards, especially for students with disabilities. The critical threshold is ten school days. This is *cumulative*. It doesn't matter if the suspensions are for different incidents.

Key Points:

• Cumulative Count: Keep a running tally of all suspension days your child receives. Even seemingly minor incidents add up.
• "Pattern" Recognition: Even if *no single* suspension exceeds ten days, if the school district identifies a *pattern* of removals that total more than ten days in a school year, it can trigger a "Change of Placement," even without a formal expulsion. This is a HUGE red flag.
• In-School Suspension (ISS): ISS can be complicated. If your child is isolated in ISS for significant portions of the day and deprived of their educational opportunities, it may be considered an "out-of-school suspension" for purposes of the 10-day rule. Fight for clarification on the conditions of ISS. Get it in writing.
• Alternative Educational Setting (AES): Assignment to an AES (like DAEP) also counts towards the ten-day limit.

What to Do:

• Track EVERYTHING: Maintain a detailed record of every disciplinary incident, suspension, and alternative placement. Note the dates, duration, reasons, and any supporting documentation.
• Demand Transparency: Ask the school for a written record of your child's disciplinary history, including all suspensions and alternative placements. Ensure it aligns with your own records.
• Advocate Early: If your child is approaching the ten-day limit, immediately contact the school principal, special education administrator (if applicable), and your child's case manager. Express your concerns and request a meeting to discuss alternatives to suspension. Document everything.

What Is an MDR (Manifestation Determination Review)?

If a student with an IEP or a 504 plan is facing a suspension exceeding ten cumulative school days OR a Change of Placement (see below), the school MUST conduct a Manifestation Determination Review (MDR). This is a *legally mandated* process.

Purpose of the MDR: To determine if the student's behavior leading to the disciplinary action was:

• Caused by or directly and substantially related to the student's disability; OR
• The direct result of the school district's failure to implement the student's IEP or 504 plan.

Who Attends the MDR Meeting?

• Representatives of the school district (administrators, special education staff, etc.)
• YOU: As the parent, your participation is crucial.
• Relevant members of the IEP or 504 team (teachers, specialists, etc.).
• The student (if appropriate).

What Happens at the MDR Meeting?

• The team reviews all relevant information, including the student's file, IEP/504 plan, teacher observations, and any information you provide.
• The team discusses the student's behavior and its relationship to their disability.
• The team determines if the behavior was a manifestation of the disability or a result of the district's failure to implement the IEP/504 plan.

Possible Outcomes of the MDR:

• Manifestation: If the team determines the behavior was a manifestation of the disability or a result of the district's failure to implement the IEP/504 plan, the student cannot be disciplined in the same manner as a student without a disability. The IEP team *must* conduct a Functional Behavioral Assessment (FBA), implement or revise a Behavior Intervention Plan (BIP), and return the student to their original placement (unless the parents and school agree to a change of placement). They must also remedy the implementation failures, if applicable.
• No Manifestation: If the team determines the behavior was not a manifestation of the disability or a result of the district's failure to implement the IEP/504 plan, the student can be disciplined in the same manner as a student without a disability. However, the school district still *must* provide the student with Free and Appropriate Public Education (FAPE).

What to Do:

• Prepare Thoroughly: Before the MDR meeting, gather all relevant information, including your child's IEP/504 plan, medical records, and any documentation related to the disciplinary incident. Write out your concerns and observations beforehand to ensure you don't forget anything under pressure.
• Advocate Fiercely: Be prepared to advocate for your child and explain how their disability contributed to their behavior. Don't be afraid to challenge the school district's perspective.
• Document EVERYTHING: Take detailed notes during the meeting and request a copy of the MDR determination.
• Seek Legal Counsel: If you disagree with the MDR determination, consult with an attorney specializing in special education law immediately.

Change of Placement: When Things Go Too Far

A "Change of Placement" occurs when a student is removed from their current educational setting for more than ten consecutive school days OR when a *pattern* of removals (even shorter ones) creates a total removal of more than ten school days in a school year, and this constitutes a significant change in the student's educational experience.

Examples of Change of Placement:

• Expulsion
• Long-term suspension
• Assignment to a Disciplinary Alternative Education Program (DAEP)
• Homebound instruction (if it significantly differs from the student's regular program).

Why It Matters: A Change of Placement triggers additional procedural safeguards under the Individuals with Disabilities Education Act (IDEA), including the MDR process described above.

What to Do:

• Object IMMEDIATELY: If the school district proposes a Change of Placement, object in writing immediately, citing the IDEA and demanding an MDR meeting.
• Request Records: Demand a complete copy of your child's disciplinary record, IEP/504 plan, and any other relevant documents.
• Consult an Attorney: A Change of Placement can have significant long-term consequences for your child's education. Seek legal advice as soon as possible.

Filing a Level 1 Grievance: Your First Line of Defense

McKinney ISD has a formal grievance policy that you can use to address concerns about disciplinary actions. A Level 1 grievance is the first step in the process.

What Can You Grieve? You can grieve any action, decision, or condition that you believe violates your child's rights under McKinney ISD policies, procedures, or state/federal law.

How to File a Level 1 Grievance:

• Obtain the Form: Get the official McKinney ISD grievance form from the school principal or the district website.
• Be Specific: Clearly and concisely state the specific action, decision, or condition you are grieving. Include dates, times, and names of individuals involved.
• State the Remedy: Clearly state what you want the school district to do to resolve the grievance.
• Supporting Documentation: Attach any relevant documentation, such as letters, emails, or incident reports.
• Timeline: Pay close attention to the deadlines for filing a Level 1 grievance. Missed deadlines can result in the grievance being dismissed. (Typically, you have a limited number of days - often 10-15 - to file from the date you became aware of the issue.) Check the official policy!
• Submit to the Appropriate Person: The Level 1 grievance is typically filed with the school principal or the immediate supervisor of the person whose action you are grieving.

What Happens Next?

• The principal/supervisor will investigate the grievance and respond to you in writing within a specified timeframe (again, check the official policy).
• If you are not satisfied with the Level 1 response, you can appeal to Level 2 (and potentially Level 3) following the procedures outlined in the district's grievance policy.

What to Do:

• Document Everything: Keep copies of the grievance form, all supporting documentation, and the school district's response.
• Follow Deadlines: Adhere to all deadlines for filing and appealing the grievance.
• Consult with an Advocate: Consider seeking assistance from a special education advocate or attorney.

TEA State Complaint: Escalating the Issue

If you believe McKinney ISD is violating state or federal special education laws (IDEA), you can file a formal complaint with the Texas Education Agency (TEA).

What Can You Complain About? You can complain about any violation of IDEA, including failures to provide FAPE, conduct proper evaluations, implement IEPs, or follow disciplinary procedures.

How to File a TEA Complaint:

• Obtain the Form: Download the official TEA complaint form from the TEA website.
• Be Specific and Detailed: Provide a clear and detailed description of the alleged violation, including dates, times, names of individuals involved, and specific citations to IDEA or state regulations.
• Supporting Documentation: Attach any relevant documentation, such as IEPs, evaluation reports, disciplinary records, and correspondence with the school district.
• Timeline: There are strict deadlines for filing TEA complaints. Generally, you must file within one year of the date you knew or reasonably should have known about the alleged violation.
• Submit to TEA: Submit the completed complaint form and supporting documentation to TEA.

What Happens Next?

• TEA will investigate the complaint and issue a written decision.
• If TEA finds that the school district violated IDEA, it will order corrective actions.

What to Do:

• Document Everything: Keep copies of the complaint form, all supporting documentation, and TEA's decision.
• Seek Legal Counsel: A TEA complaint can be a complex process. Consider consulting with an attorney specializing in special education law.

Due Process: Your Ultimate Recourse

If you disagree with the school district's decisions regarding your child's special education services, including disciplinary actions, you have the right to request a due process hearing. This is a formal legal proceeding where you can present evidence and arguments to an impartial hearing officer.

When to Request Due Process:

• When you disagree with an IEP team's decisions regarding your child's eligibility, evaluation, placement, or services.
• When you believe the school district has violated IDEA.
• When you disagree with a disciplinary action that you believe violates your child's rights.

How to Request Due Process:

• Written Request: Submit a written request for due process to the school district. The request must include specific information, as required by IDEA.

What Happens Next?

• Resolution Session: The school district may offer a resolution session to try to resolve the dispute informally.
• Due Process Hearing: If the dispute is not resolved, a due process hearing will be scheduled. You will have the opportunity to present evidence, call witnesses, and cross-examine the school district's witnesses.
• Hearing Officer's Decision: The hearing officer will issue a written decision that is binding on both you and the school district.

What to Do:

• Seek Legal Counsel IMMEDIATELY: Due process is a complex legal process. You *absolutely* need to hire an attorney specializing in special education law to represent you.
• Gather Evidence: Collect all relevant documentation and prepare your case.
• Prepare for the Hearing: Work closely with your attorney to prepare for the hearing.

Remember: You are your child's best advocate. Be informed, be proactive, and don't be afraid to fight for their rights. Time is of the essence in these situations. Seek professional help immediately if you suspect your child's rights are being violated.