Dispute & Discipline Rights in North East ISD

Urgent Guide: Discipline Rights & Grievances in North East ISD

If your child is facing disciplinary action in North East ISD, time is of the essence. This guide outlines your rights and provides steps you can take to protect your child. This information is for informational purposes only and not legal advice. Seek legal counsel from a qualified attorney as needed.

The following information is presented from the perspective of a concerned parent navigating the often-confusing world of school discipline. Don't be intimidated by the system. Know your rights and fight for your child.

The 10-Day Suspension Rule

Texas law allows for suspensions, but there are limitations. Pay close attention to the 10-day suspension rule. Understanding this is crucial.

• Cumulative Suspensions: A student can be suspended for up to, but not exceeding, 10 school days during a single semester (including out-of-school suspension and in-school suspension) by a principal or assistant principal. This is *cumulative*. Keep track of every single suspension day.
• The Trigger: Once your child reaches or exceeds 10 cumulative suspension days in a single school year (not necessarily consecutive days), something *very* important happens if your child has an IEP or 504 Plan. A Change of Placement is triggered (see section below). This includes both in-school and out-of-school suspensions.
• The Exception (Drugs, Weapons, Serious Bodily Injury): There are exceptions. If your child brings a weapon to school, possesses illegal drugs, or inflicts serious bodily injury upon another person, the 10-day rule might not apply, and the school can impose more severe consequences, potentially including referral to a disciplinary alternative education program (DAEP) or expulsion. Even in these cases, ensure all procedures are followed correctly.
• What To Do: If your child is approaching 10 cumulative suspension days, immediately contact the school principal, your child's special education teacher (if applicable), and the special education department at North East ISD. Request a meeting to discuss alternative disciplinary strategies and your child's rights. Document everything. Keep all emails and records of conversations.

What Is an MDR (Manifestation Determination Review)?

An MDR, or Manifestation Determination Review, is a critical process required under the Individuals with Disabilities Education Act (IDEA) when a school seeks to suspend a student with an IEP or 504 plan for more than 10 cumulative school days in a school year or proposes a change of placement due to a disciplinary infraction.

• Purpose: The MDR is designed to determine if the student's behavior was a manifestation (direct result) of their disability. In other words, did their disability cause them to act in the way that led to the disciplinary action?
• When It Happens: An MDR must be conducted within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct. This is a strict timeline.
• Who Attends: The MDR team typically includes the parent(s), the student (if appropriate), a representative of the school district (usually an administrator), the student's special education teacher, and other relevant members of the IEP or 504 team. Invite an advocate if possible.
• The Review Process: The team will review all relevant information, including:
  • The student's IEP or 504 plan
  • Teacher observations
  • Any relevant medical or psychological evaluations
  • Information provided by the parents
• The Two Key Questions: During the review, the team will answer two critical questions:
  1. Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?
  2. Was the conduct in question the direct result of the LEA's (Local Education Agency - NEISD) failure to implement the IEP?
• Possible Outcomes:
  • Manifestation: If the team determines the behavior *was* a manifestation of the disability *or* the result of IEP implementation failure, the student cannot be disciplined in the same way as a student without a disability. The IEP team must then 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 as part of the modification of the BIP).
  • No Manifestation: If the team determines the behavior *was not* a manifestation of the disability and the IEP was properly implemented, the student can be disciplined in the same manner as a student without a disability. However, the school must still provide services to the student to ensure they can continue to participate in the general education curriculum and make progress toward their IEP goals during the period of removal.
• What To Do:
  • Prepare Thoroughly: Gather all relevant documentation about your child's disability, IEP/504 plan, and any related incidents.
  • Actively Participate: Attend the MDR meeting and advocate fiercely for your child. Don't be afraid to ask questions and challenge the school's perspective if you disagree.
  • Document Everything: Take detailed notes during the MDR meeting. Request a copy of the MDR determination in writing.
  • Seek Expert Advice: If you feel overwhelmed, consult with a special education attorney or advocate. They can provide invaluable assistance in preparing for and participating in the MDR process.

Change of Placement

A "change of placement" under IDEA is a serious matter. It means altering where your child receives their education. This can include suspension for more than 10 cumulative days, assignment to a DAEP, or expulsion.

• What Triggers a Change of Placement? As mentioned before, exceeding 10 cumulative suspension days in a school year triggers a Change of Placement review for students with IEPs or 504 Plans. Actions such as expulsion or assignment to a DAEP also constitue a change of placement.
• Your Rights: Before any change of placement occurs, you have the right to:
  • Prior Written Notice: The school must provide you with written notice of the proposed change of placement, including the reasons for the change and a description of your procedural safeguards under IDEA.
  • Participate in the MDR: As outlined above, you have the right to participate in the MDR process to determine if the behavior leading to the proposed change of placement was a manifestation of your child's disability.
  • Challenge the Decision: If you disagree with the school's decision, you have the right to challenge it through a due process hearing (see below).
• Stay-Put Provision: The "stay-put" provision of IDEA generally allows your child to remain in their current placement during the pendency of any due process proceedings. This means the school cannot change your child's placement until the dispute is resolved. There are exceptions (e.g., involving weapons, drugs, or serious bodily injury).
• What To Do:
  • Object Immediately: If the school proposes a change of placement you disagree with, inform them in writing that you object and intend to pursue your due process rights.
  • Request a Due Process Hearing: File a request for a due process hearing with the Texas Education Agency (TEA) as soon as possible.
  • Consult with an Attorney: Seek legal advice from a special education attorney. The timelines for due process hearings are strict, and an attorney can help you navigate the process effectively.

Filing a Level 1 Grievance

If you believe that North East ISD has violated your child's rights or has acted unfairly in a disciplinary matter, you can file a formal grievance. The district has a specific process for addressing grievances. This is often the first step in challenging a school's decision.

• What Can You Grieve? You can grieve a wide range of issues, including alleged violations of school policy, unfair disciplinary actions, and failures to properly implement your child's IEP or 504 plan.
• Level 1: The Principal: The first step in the grievance process is typically to file a written grievance with the school principal. This grievance should clearly state the specific issue you are grieving, the facts surrounding the issue, and the remedy you are seeking.
• Timelines: There are strict timelines for filing a grievance. Check the North East ISD's policy manual (available on their website) for the specific timelines. Generally, you have a limited number of days (e.g., 10-15 school days) from the date you knew or should have known about the issue to file your grievance. Missing the deadline can mean your grievance is dismissed.
• What To Include in Your Grievance Letter:
  • Your child's name and grade level
  • The date of the incident or issue
  • A clear and concise description of the issue
  • The specific policy or law that you believe was violated
  • The names of any witnesses
  • Any supporting documentation (e.g., emails, incident reports, IEP documents)
  • The specific remedy you are seeking (e.g., reversal of a suspension, modification of an IEP)
• The Principal's Response: The principal is required to investigate your grievance and provide you with a written response within a specific timeframe (again, check the district policy).
• What To Do:
  • Document Everything: Keep a copy of your grievance letter and any supporting documentation. Note the date you submitted it.
  • Meet with the Principal: Request a meeting with the principal to discuss your grievance.
  • Escalate If Necessary: If you are not satisfied with the principal's response, you can appeal to the next level of the grievance process (typically the superintendent or a designee). Refer to the NEISD policy manual for specific instructions.

TEA State Complaint

If you believe that North East ISD has violated the Individuals with Disabilities Education Act (IDEA), you have the right to file a formal complaint with the Texas Education Agency (TEA). A TEA complaint is different from a local grievance. It specifically addresses violations of federal special education law.

• What Can You Complain About? You can file a TEA complaint alleging violations of IDEA, such as failure to provide a free appropriate public education (FAPE), failure to properly implement an IEP, or denial of procedural safeguards.
• Timelines: You must file a TEA complaint within one year of the date you knew or should have known about the alleged violation.
• How to File: The TEA has a specific complaint form that you must use. You can find this form on the TEA website. The form will ask you to provide detailed information about the alleged violation, including:
  • Your child's name and date of birth
  • The name of the school district (North East ISD)
  • A clear and concise description of the alleged violation
  • The specific IDEA requirements that you believe were violated
  • Any supporting documentation (e.g., IEP documents, emails, letters)
• TEA Investigation: The TEA will investigate your complaint and issue a written decision. The decision will state whether the TEA found a violation of IDEA and, if so, what corrective action the school district must take.
• What To Do:
  • Obtain the Complaint Form: Download the TEA complaint form from the TEA website.
  • Provide Detailed Information: Complete the complaint form thoroughly and accurately. Be specific about the alleged violations and provide as much supporting documentation as possible.
  • Submit the Complaint: Submit the completed complaint form to the TEA according to the instructions on the form.
  • Keep Records: Keep a copy of your complaint form and any supporting documentation.

Due Process

Due process is the most formal and adversarial method of resolving disputes with a school district under IDEA. It is essentially an administrative hearing where you can present evidence and arguments to an impartial hearing officer who will make a decision about your child's special education rights.

• When to Request Due Process: You can request a due process hearing when you disagree with the school district about the identification, evaluation, or educational placement of your child, or the provision of a free appropriate public education (FAPE). This often involves disagreements over IEPs, services, or disciplinary actions like changes of placement.
• How to Request Due Process: You must file a written due process complaint with the Texas Education Agency (TEA). The complaint must include specific information, including:
  • Your child's name and address
  • The name of the school district (North East ISD)
  • A description of the nature of the problem, including the facts relating to the problem
  • A proposed resolution of the problem to the extent known and available to the parent at the time
• Resolution Session: Within 15 days of receiving your due process complaint, the school district must convene a resolution session with you and the relevant members of your child's IEP team. The purpose of the resolution session is to try to resolve the dispute informally.
• Due Process Hearing: If the dispute is not resolved during the resolution session, a due process hearing will be scheduled. During the hearing, you will have the opportunity to:
  • Present evidence and testimony
  • Cross-examine witnesses
  • Compel the attendance of witnesses
  • Obtain an independent educational evaluation (IEE) at public expense if the hearing officer determines that the school district's evaluation was not appropriate.
• Hearing Officer's Decision: The hearing officer will issue a written decision within 45 days of the end of the hearing. The decision is legally binding on both you and the school district.
• Appeal: If you disagree with the hearing officer's decision, you can appeal the decision to state or federal court.
• What To Do:
  • Consult with an Attorney: Due process hearings are complex legal proceedings. It is strongly recommended that you consult with a special education attorney before requesting a due process hearing.
  • Prepare Your Case: Gather all relevant documentation, identify witnesses, and develop a clear and persuasive argument.
  • Understand the Timelines: There are strict timelines for due process hearings. Be sure to adhere to these timelines to protect your rights.

Remember, time is of the essence. Document everything, communicate clearly, and advocate fiercely for your child. Don't be afraid to ask for help from attorneys, advocates, and other parents who have navigated these challenging situations. Good luck.