Dispute & Discipline Rights in Pasadena ISD

URGENT: Discipline Rights & Grievances in Pasadena ISD

If your child is facing disciplinary action in Pasadena ISD, especially involving suspension or a change of placement, you need to act NOW. This guide provides critical information about your rights and how to fight for your child. Time is of the essence. Don't delay!

The 10-Day Suspension Rule

Pasadena ISD, like all Texas school districts, has rules regarding suspensions. A student can be suspended for up to three school days by a teacher. Principals and other administrators can suspend students for longer periods. It's crucial to understand the "10-day rule" because it triggers certain rights and procedures, especially if your child has an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA). Here's what you need to know:

• Cumulative Suspensions: Pay close attention to the cumulative number of days your child has been suspended within a school year. If your child's suspensions add up to more than 10 school days, even for seemingly minor infractions, it triggers specific IDEA protections. Keep a record of every suspension, no matter how short.
• What Counts: All suspensions, including in-school suspension (ISS) if it involves removal from the student's typical classroom for more than 10 cumulative days, count toward the 10-day limit. Make sure the school clearly documents the reasons for each suspension.
• What Happens After 10 Days?: Once your child reaches the 10-day suspension threshold, the school is required to convene a Manifestation Determination Review (MDR) meeting (discussed in detail below) if your child has an IEP. This meeting is CRITICAL to determine if your child's behavior is related to their disability.
• No IEP Yet? If your child doesn't have an IEP but you suspect they have a disability, immediately request an evaluation for special education services in writing. This starts the clock ticking on the evaluation process and potentially provides your child with IDEA protections.

What to do if your child is facing suspension:

• Document Everything: Keep records of all communication with the school, including emails, phone calls, and meetings. Note the date, time, and who you spoke with.
• Ask Questions: Demand a clear explanation of the reason for the suspension, the school's policies regarding suspensions, and your child's rights.
• Request a Meeting: If you're concerned about the suspension or believe your child's disability may be a factor, request a meeting with the principal and other relevant staff. Bring a friend or advocate with you.

What Is an MDR?

A Manifestation Determination Review (MDR) is a crucial process under IDEA that determines whether a student's disciplinary infraction is a manifestation of their disability. This means, did the disability cause the behavior? Or, did the school fail to implement the IEP correctly?

• Who Attends: The MDR team typically includes the parent(s), relevant school personnel (e.g., special education teacher, general education teacher, principal), and other individuals who have knowledge of the child. You can bring an advocate or attorney.
• What Happens at the Meeting: The team reviews all relevant information, including:
• The student's IEP
• Evaluation data
• Observations of the student's behavior
• Relevant information provided by the parents
• Two Key Questions: The MDR team must answer these two critical questions:
• Was the conduct in question caused by, or did it have a direct and substantial relationship to, the child's disability?
• Was the conduct in question the direct result of the school district's failure to implement the IEP?
• Important Outcomes:
• If the answer to either question is YES: The behavior IS a manifestation of the disability. The school cannot suspend the student for more than 10 days (cumulatively) for that behavior unless it involves weapons, drugs, or serious bodily injury. The IEP team must conduct a Functional Behavioral Assessment (FBA), if one hasn't been completed already, and implement a Behavior Intervention Plan (BIP). The IEP team must also review and modify the existing IEP to address the behavior.
• If the answer to BOTH questions is NO: The behavior is NOT a manifestation of the disability. The school can discipline the student in the same way it would discipline a non-disabled student, but it still MUST provide special education services during the suspension.
• CRITICAL Preparation for the MDR:
• Gather Evidence: Compile any documentation that supports your argument that the behavior is related to your child's disability or that the school failed to implement the IEP. This could include emails, progress reports, medical records, and your own observations.
• Consult with Experts: Talk to your child's therapist, doctor, or other professionals who can provide expert opinions on the relationship between your child's behavior and their disability.
• Know Your Rights: Familiarize yourself with IDEA regulations regarding MDRs.
• Bring an Advocate: Having someone with you who understands special education law can be invaluable during the MDR meeting.

Do not let the school railroad you during the MDR. They may try to downplay your child's disability or blame the behavior solely on your child. Be prepared to advocate fiercely for your child's rights.

Change of Placement

A Change of Placement occurs when a student is removed from their current educational setting for more than 10 consecutive school days or when there is a pattern of removals that constitute a change in placement, even if each individual removal is less than 10 days. This is a serious matter, especially for students with IEPs.

• Examples of Change of Placement:
• Expulsion
• Long-term suspension (more than 10 consecutive days)
• Placement in an alternative education program (AEP) for more than 10 consecutive days or a pattern of shorter placements that effectively remove the student from their IEP services.
• Why is a Change of Placement Significant? A Change of Placement triggers specific procedural safeguards under IDEA. Most importantly, it triggers the MDR process. The school cannot unilaterally change your child's placement without following proper procedures.
• What to Do if Facing a Change of Placement:
• Demand an MDR: Immediately request a Manifestation Determination Review. The school is legally obligated to conduct one if the disciplinary action involves a change of placement.
• Ensure IEP Implementation: Argue that the school failed to properly implement your child's IEP, leading to the behavior. Show examples of where the IEP was not followed.
• Seek Legal Assistance: Contact a special education attorney or advocate as soon as possible. They can help you navigate the complex legal requirements and protect your child's rights.

Pasadena ISD cannot simply move your child to a different setting without proper justification and adherence to IDEA regulations. Fight to keep your child in their appropriate educational environment.

Filing a Level 1 Grievance

If you believe Pasadena ISD has violated your child's rights, including their rights under IDEA or district policies, you can file a grievance. The grievance process is outlined in the Pasadena ISD policy manual, which should be available on the district's website. Start with a Level 1 Grievance.

• What is a Grievance? A grievance is a formal complaint alleging a violation of policy, law, or regulation.
• Level 1 Grievance: This is the first step in the grievance process. It typically involves submitting a written complaint to the principal or immediate supervisor of the person who allegedly committed the violation.
• Steps to File a Level 1 Grievance:
• Obtain the Grievance Form: Get a copy of the Pasadena ISD grievance form from the school or district website.
• Clearly State the Issue: Describe the specific violation that occurred, including dates, times, and individuals involved. Be detailed and factual. Refer to specific policies or laws that were violated.
• Provide Evidence: Attach any supporting documentation, such as emails, letters, or witness statements.
• State the Remedy: Clearly state what you want the school district to do to resolve the issue. This could include reinstating your child, modifying the IEP, providing compensatory education, or changing district policies.
• Submit the Grievance: Submit the completed grievance form to the appropriate administrator within the specified timeframe (usually within a few days of the incident). Keep a copy for your records.
• Follow Up: Contact the administrator to ensure they received the grievance and to inquire about the timeline for a response.
• If Dissatisfied with Level 1 Response: You can appeal to the next level in the grievance process (Level 2, then Level 3, as outlined in the district policy). Each level has its own deadlines and procedures, so be sure to follow them carefully.

Filing a grievance can be time-consuming and frustrating, but it's an important way to hold the school district accountable. Don't be afraid to assert your rights through this process.

TEA State Complaint

If you believe Pasadena ISD has violated state or federal special education laws (IDEA), you can file a complaint with the Texas Education Agency (TEA). This is a formal process that can lead to TEA investigating the school district.

• When to File a TEA Complaint: File a TEA complaint when you believe the school district has not properly addressed your concerns through the grievance process or when the violation is particularly serious.
• Requirements for Filing a TEA Complaint:
• Written Complaint: The complaint must be in writing.
• Specific Allegations: Clearly describe the specific violations of IDEA or other special education laws.
• Supporting Documentation: Provide any relevant documentation, such as IEPs, evaluations, emails, or letters.
• Signature: The complaint must be signed.
• Timeline: You must generally file the complaint within one year of the alleged violation.
• Where to File: TEA has specific procedures for filing complaints, which can be found on their website. Make sure to follow these procedures carefully.
• TEA Investigation: TEA will investigate the complaint and may conduct interviews, review documents, and visit the school district.
• Corrective Action: If TEA finds that the school district violated special education laws, they can order the district to take corrective action, such as providing compensatory education, revising policies, or training staff.

Filing a TEA complaint can be a powerful tool for holding Pasadena ISD accountable for its obligations under IDEA. Don't hesitate to use this option if you believe your child's rights have been violated.

Due Process

Due Process is the ultimate legal recourse available to parents of children with disabilities when they disagree with the school district about their child's special education services. It is a formal, legal proceeding similar to a court trial.

• When to Request Due Process: You can request due process if you disagree with the school district about:
• The identification of your child as a child with a disability.
• The evaluation of your child.
• The educational placement of your child.
• The provision of a free appropriate public education (FAPE) to your child.
• How to Request Due Process: You must file a written due process complaint with the TEA and provide a copy to the school district. The complaint must contain specific information, including:
• The name and address of the child.
• The name of the school the child attends.
• A description of the nature of the problem, including the facts relating to the problem.
• A proposed resolution of the problem.
• Resolution Meeting: After you file a due process complaint, the school district must convene a resolution meeting with you within 15 days. The purpose of the meeting is to try to resolve the dispute.
• Due Process Hearing: If the dispute is not resolved at the resolution meeting, you have the right to a due process hearing. The hearing is conducted by an impartial hearing officer who is trained in special education law.
• Hearing Officer's Decision: The hearing officer will issue a written decision within 45 days of the end of the hearing. The decision is binding on both you and the school district, unless you appeal it to a state or federal court.

Due process is a complex and often adversarial process. You should consult with a special education attorney before requesting due process. Legal representation is highly recommended. While expensive, the cost of NOT fighting for your child's rights can be even greater in the long run.

This guide is intended to provide general information and should not be considered legal advice. Contact a qualified attorney or advocate for specific legal guidance regarding your child's situation. ACT IMMEDIATELY. Your child's future depends on it.