Dispute & Discipline Rights in Plano ISD

Discipline Rights & Grievances in Plano ISD: An Urgent Guide for Parents

IMPORTANT: If your child is facing suspension, potential expulsion, or a disciplinary change of placement in Plano ISD, act NOW. Time is of the essence. This guide provides critical information, but it is NOT a substitute for legal advice. Consult with an education attorney immediately to protect your child's rights. This guide is written with the assumption your child may have an IEP or 504. Even if your child does not, some rights apply, especially regarding discrimination.

The 10-Day Suspension Rule: What You Need to Know

Texas law allows school districts, including Plano ISD, to suspend students for disciplinary reasons. However, there are crucial limits and procedures to protect your child. Pay close attention to the "10-Day Suspension Rule." This rule is especially important if your child has an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA) or a 504 plan.

Key Points:

• Maximum Short-Term Suspension: Plano ISD can typically suspend a student for a maximum of 3 school days for a single disciplinary infraction (though some districts vary this). The cumulative number of days suspended within a school year is a critical factor.
• The 10-Day Threshold: Once a student with an IEP or 504 plan has been suspended for a total of more than 10 school days in a single school year (this can be the cumulative total of multiple short suspensions), the school district must conduct a Manifestation Determination Review (MDR).
• Counting Suspension Days: All suspensions count towards the 10-day threshold, regardless of the reason. In-school suspension days are included as well.
• Notice of Suspension: Plano ISD is required to provide you with written notice of any suspension, including the reason for the suspension and the duration. Review these notices carefully.
• Your Right to a Conference: You have the right to meet with school officials to discuss the suspension and present your perspective. Take advantage of this opportunity to advocate for your child. Document everything discussed at the meeting.

What is an MDR (Manifestation Determination Review)?

The Manifestation Determination Review (MDR) is a critical process mandated by IDEA to determine if a student's behavior that led to disciplinary action was a manifestation of their disability. In other words, did the student's disability cause them to act out?

Why is the MDR so important?

If the MDR team (which MUST include you, the parent/guardian) determines that the behavior was a manifestation of the student's disability, then the school cannot impose further disciplinary measures (like expulsion or a long-term suspension) unless they are also implementing a revised IEP to address the behavior. Further, they must return the student to their placement PRIOR to the disciplinary removal.

Key Elements of an MDR:

• Timing: The MDR must occur promptly after the 10-day suspension threshold is reached. Plano ISD cannot delay this process.
• Participants: The MDR team must include you, the parent/guardian, relevant members of the IEP team (including special education teachers, general education teachers, and school administrators), and other qualified personnel. Make sure your child attends if possible.
• Review of Records: The MDR team will review the student's IEP, any relevant evaluations, observations, and the student's disciplinary history. Prepare to present your own documentation, including any independent evaluations or medical records.
• Two-Part Determination: The MDR team must answer two crucial 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 school district's failure to implement the IEP?
• What If the MDR Finds Manifestation? If either question is answered "yes," the behavior is deemed a manifestation of the disability. The school must then:
  • Return the student to their original placement (unless the parents and the school agree to a change of placement as part of the modification of the IEP).
  • Conduct a Functional Behavioral Assessment (FBA), unless one has already been conducted.
  • Implement or revise a Behavior Intervention Plan (BIP) to address the behavior.
• What If the MDR Finds No Manifestation? If both questions are answered "no," the school can discipline the student in the same manner as they would a student without a disability. However, they are still required to provide special education services during the period of suspension or expulsion.
• Your Right to Appeal: If you disagree with the MDR determination, you have the right to challenge it through due process (described later in this guide).

Change of Placement: More Than Just a New Classroom

A "Change of Placement" is a significant action that requires careful scrutiny. It occurs when a student is removed from their current educational setting for more than 10 consecutive school days, or when a series of removals create a pattern that amounts to a change of placement. This could involve moving a student to a different campus, a disciplinary alternative education program (DAEP), or suspension with restricted access to school services.

Why is Change of Placement Important?

A change of placement triggers specific rights and protections under IDEA, particularly for students with IEPs. Plano ISD cannot simply move a student without following proper procedures. Ignoring these procedures may open them up to legal challenges.

Key Considerations for Change of Placement:

• 10-Day Rule Applied: Remember the 10-day rule! A series of short suspensions can add up to a change of placement even if no single suspension exceeds 10 days.
• Pattern of Removals: Plano ISD cannot circumvent IDEA by repeatedly suspending a student for short periods to avoid triggering a change of placement. If there is a pattern of removals that is accumulating, challenge that decision.
• IEP Team Involvement: Any change of placement for a student with an IEP requires the involvement of the IEP team. The team must meet to discuss the reasons for the change, the proposed new placement, and how the student's IEP will be implemented in the new setting.
• Least Restrictive Environment (LRE): IDEA requires that students with disabilities be educated in the least restrictive environment appropriate to their needs. A change of placement should only occur if it is necessary to provide the student with a free and appropriate public education (FAPE).
• Disciplinary Alternative Education Program (DAEP): Placement in a DAEP should be carefully considered. Ensure the DAEP provides the necessary special education services and supports outlined in the student's IEP.
• Document Everything: Keep meticulous records of all suspensions, meetings, and communications with Plano ISD regarding any potential change of placement.

Filing a Level 1 Grievance

If you believe Plano ISD has violated your child's rights related to discipline, suspension, or change of placement, you have the right to file a grievance. Plano ISD, like all Texas school districts, has a formal grievance procedure.

Level 1 Grievance: The First Step

The Level 1 grievance is typically the first step in the process. It involves submitting a written complaint to the school principal or the administrator responsible for the decision you are challenging. Time is crucial! There is usually a very short window (often 10-15 days) to file a Level 1 grievance from the date you knew, or should have known, about the issue.

Tips for Writing a Strong Level 1 Grievance:

• Follow Plano ISD's Policy: Obtain a copy of Plano ISD's grievance policy from the school, the district website, or the central office. Ensure your grievance complies with the policy's requirements for format, content, and deadlines.
• Be Clear and Concise: State the specific issue you are grieving in a clear and concise manner. Avoid jargon or emotional language. Stick to the facts.
• Provide Specific Details: Include dates, times, locations, names of individuals involved, and any other relevant details. The more specific you are, the stronger your grievance will be.
• Cite Relevant Laws and Policies: Refer to specific provisions of IDEA, Section 504, the Texas Education Code, or Plano ISD's policies that you believe have been violated.
• State the Relief You Are Seeking: Clearly state what you want Plano ISD to do to resolve the issue. This could include reinstating your child, modifying the IEP, providing compensatory services, or taking other corrective actions.
• Include Supporting Documentation: Attach copies of any relevant documents, such as suspension notices, IEPs, evaluations, or correspondence with school officials.
• Keep a Copy: Always keep a copy of your grievance and all supporting documents for your records.
• Send it Certified Mail, Return Receipt Requested: This provides proof that your grievance was received within the required timeframe.

What to Expect After Filing:

The principal or administrator will typically have a set timeframe (usually within 10-15 days) to investigate your grievance and provide a written response. If you are not satisfied with the response at Level 1, you can appeal to Level 2, and potentially Level 3, depending on Plano ISD's policy. Each level has its own deadlines and procedures, so be sure to follow them carefully.

TEA State Complaint

You can file a formal complaint with the Texas Education Agency (TEA) if you believe Plano ISD has violated state or federal laws relating to special education. This is different from filing a grievance within the district. A TEA complaint can be a powerful tool to hold the district accountable.

Key Considerations for a TEA Complaint:

• Timeline: You generally have one year from the date of the alleged violation to file a TEA complaint.
• Scope: The TEA complaint must allege a violation of a requirement of IDEA or state special education law.
• Content: The complaint must be in writing, signed, and include:
  • A statement that Plano ISD has violated a requirement of IDEA or state special education law.
  • The facts upon which the statement is based.
  • Information about the child, including their name, address, and school.
  • A proposed resolution of the problem to the extent known and available to the person submitting the complaint at the time of filing.
• TEA Investigation: TEA will investigate the complaint and issue a written decision. If TEA finds that Plano ISD has violated the law, it can order the district to take corrective action.
• Filing Information: You can find information about filing a TEA complaint on the TEA website.

Due Process: Your Ultimate Protection

Due process is the most formal and powerful legal remedy available to parents of children with disabilities. It is a formal hearing before an impartial hearing officer where you can present evidence and challenge Plano ISD's actions regarding your child's special education. Due process is a lengthy and complex process, so it is essential to have an attorney represent you.

When to Consider Due Process:

You can file a due process complaint if you disagree with Plano ISD's actions regarding your child's identification, evaluation, educational placement, or the provision of a free and appropriate public education (FAPE).

Key Aspects of Due Process:

• Filing a Complaint: You must file a written due process complaint with Plano ISD and TEA. The complaint must contain specific information about the issues you are raising.
• Resolution Session: Within 15 days of receiving the due process complaint, Plano ISD must convene a resolution session with you to attempt to resolve the dispute.
• Hearing: If the dispute is not resolved at the resolution session, a due process hearing will be conducted before an impartial hearing officer. You have the right to present evidence, call witnesses, and cross-examine Plano ISD's witnesses.
• Hearing Officer Decision: The hearing officer will issue a written decision. Both you and Plano ISD have the right to appeal the hearing officer's decision to state or federal court.
• Legal Representation: Highly recommended! Due process hearings are complex legal proceedings. It is strongly advised that you retain an attorney with experience in special education law to represent you.

Disclaimer: This guide provides general information about discipline rights and grievances in Plano ISD. It is not intended as legal advice. You should consult with an education attorney to discuss your specific situation and protect your child's rights.

Act quickly. Your child's future may depend on it.