Dispute & Discipline Rights in Round Rock ISD

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

As parents, we want the best for our children, and that includes a safe and supportive learning environment. Unfortunately, disciplinary actions can sometimes be unfair or violate a student's rights. This guide provides critical information on navigating discipline procedures in Round Rock ISD (RRISD), focusing on suspensions, Manifestation Determination Reviews (MDRs), Change of Placement, grievances, TEA complaints, and due process. This is a crisis situation, and you need to understand your rights!

The 10-Day Suspension Rule

RRISD, like all Texas school districts, has rules governing student suspensions. The critical thing to remember is the 10-day suspension rule, particularly when your child has an Individualized Education Program (IEP) under the Individuals with Disabilities Education Act (IDEA). This rule triggers specific protections.

Here's what you need to know:

• Cumulative Suspensions: If your child accumulates more than 10 school days of suspension in a single school year (even if they are for different incidents), it triggers a "Change of Placement" under IDEA (discussed below) and requires a Manifestation Determination Review (MDR).
• Consecutive Suspensions: A suspension lasting more than 10 consecutive school days also triggers a "Change of Placement" and requires an MDR.
• Tracking Suspensions: It is your responsibility to meticulously track the number of days your child has been suspended. RRISD should be doing this, but don't rely solely on them. Keep a record of every suspension, the dates, and the reasons given.
• "In-School Suspension" Considerations: Be wary of prolonged or overly restrictive in-school suspensions. If the in-school suspension is so restrictive that it functionally prevents your child from accessing the curriculum or interacting with peers, it might be considered a suspension under IDEA and could contribute to the 10-day threshold. Document, document, document!

What to do:

1. Know the exact number of suspension days your child has accrued this year. Ask the school for a written record immediately. Compare it to your own records.
2. If you are nearing the 10-day threshold, be extremely vigilant. If a minor infraction occurs, push back hard against suspension. Request alternative disciplinary measures.
3. If you believe your child's IEP is not being followed, document every instance. This is crucial if the behavior leading to the suspension is related to their disability.

What Is an MDR (Manifestation Determination Review)?

A Manifestation Determination Review (MDR) is a critical process under IDEA when a student with an IEP faces a suspension of more than 10 days (cumulative or consecutive) or is facing expulsion. The MDR is designed to determine if the student's behavior that led to the disciplinary action was:

• Caused by, or had a direct and substantial relationship to, the student's disability; OR
• The direct result of the school district's failure to implement the student's IEP.

Key Aspects of the MDR Process:

• Timing: The MDR must occur within 10 school days of the decision to change the student's placement due to a disciplinary infraction. This is a tight timeline.
• Participants: The MDR team typically includes the parent(s), relevant members of the IEP team (teachers, special education staff, administrators), and the student (when appropriate).
• Review of Information: The team must review all relevant information in the student's file, including the IEP, teacher observations, any relevant medical or psychological evaluations, and information provided by the parents.
• The Crucial Question: The MDR team must answer the questions above: Was the behavior caused by the disability, or was it the result of a failure to implement the IEP?

What to do during an MDR:

1. Prepare Thoroughly: Before the MDR meeting, gather all relevant documentation. This includes your child's IEP, any behavioral plans, medical records, and your own written observations of your child's behavior and the school's implementation of the IEP.
2. Advocate Fiercely: This is your opportunity to advocate for your child. Clearly explain how their disability contributes to the behavior in question. Be prepared to challenge any assertions that the behavior is unrelated to the disability.
3. Document Everything: Take detailed notes during the MDR meeting. If possible, bring a witness or advocate to help you take notes and ensure your concerns are heard.
4. If the IEP Wasn't Followed: If you believe the school failed to implement the IEP, provide specific examples. Show how the lack of proper supports or accommodations contributed to the behavior.
5. Don't Be Intimidated: MDR meetings can be intimidating. Remember that you are your child's strongest advocate. Don't be afraid to ask questions, challenge assumptions, and insist that your concerns are addressed.

MDR Outcomes and What They Mean:

• If the Behavior IS a Manifestation of the Disability: The student cannot be suspended for more than 10 days (unless the behavior involves weapons, drugs, or serious bodily injury - see exceptions below). The IEP team must conduct a Functional Behavioral Assessment (FBA) and implement a Behavior Intervention Plan (BIP) or revise the existing BIP to address the behavior. The student must be returned to their original placement, unless you and the school agree to a change of placement as part of the BIP.
• If the Behavior IS NOT a Manifestation of the Disability: The student can be disciplined in the same way as a student without a disability, with some exceptions. The school must continue to provide educational services during the suspension to ensure the student progresses in the general curriculum and advances toward their IEP goals.
• Special Circumstances (Weapons, Drugs, Serious Bodily Injury): Even if the behavior IS a manifestation of the disability, the school can remove the student to an Interim Alternative Educational Setting (IAES) for up to 45 school days if the behavior involves a weapon, illegal drugs, or inflicting serious bodily injury on another person.

Change of Placement

A "Change of Placement" occurs when a student with an IEP is removed from their current educational setting for more than 10 school days, either consecutively or cumulatively, or through a series of shorter suspensions that create a pattern. It can also occur through long-term in-school suspensions that significantly restrict the student's access to education.

Why is this important? A Change of Placement triggers the MDR process and gives you significant rights under IDEA. The school cannot simply remove your child from their current placement without due process.

What to look out for:

• Repeated Short Suspensions: Be aware of a pattern of short suspensions that add up to more than 10 days. Schools sometimes use this tactic to avoid triggering an MDR.
• Long-Term In-School Suspension: As mentioned above, a prolonged or restrictive in-school suspension can be considered a Change of Placement.
• Unilateral Placement Changes: The school cannot unilaterally change your child's placement without your consent (unless ordered by a hearing officer or court). You have the right to be involved in any decisions regarding your child's placement.

Filing a Level 1 Grievance

If you believe RRISD has violated your child's rights or has not followed its own policies, you have the right to file a grievance. The RRISD grievance policy can be found on their website. This is a crucial step in protecting your child.

Level 1 Grievance: This is the first step in the grievance process. It typically involves submitting a written complaint to the principal or other designated school official.

Key Steps:

1. Obtain the RRISD Grievance Policy: Find the official policy on the RRISD website and review it carefully. Pay attention to deadlines and specific requirements.
2. Document Your Complaint: Write a clear and concise description of the problem. Include specific dates, times, locations, and names of individuals involved. Attach any supporting documentation (emails, incident reports, etc.).
3. File the Grievance Within the Deadline: Grievance policies typically have strict deadlines. Missing the deadline can result in your grievance being dismissed.
4. Request a Meeting: In your written grievance, request a meeting with the principal or other designated official to discuss your concerns.
5. Follow Up: After the meeting, follow up with the principal in writing to confirm what was discussed and any agreed-upon actions.
6. Keep Copies: Keep copies of all documents related to the grievance, including your written complaint, the principal's response, and any meeting notes.

What to Include in Your Grievance Letter:

• Your child's name, grade, and school
• The date of the incident or issue
• A detailed description of the problem, including specific facts and dates
• The specific RRISD policy or regulation that you believe was violated
• The relief you are seeking (e.g., reinstatement to the previous placement, a change in disciplinary action, implementation of the IEP)
• Your signature and contact information

TEA (Texas Education Agency) State Complaint

If you are not satisfied with the outcome of the RRISD grievance process, or if you believe RRISD has violated IDEA, you can file a complaint with the Texas Education Agency (TEA). A TEA complaint is a formal process that can lead to an investigation by the state.

Key Considerations:

• Eligibility: The complaint must allege a violation of IDEA or other federal or state laws relating to special education.
• Timeliness: The complaint must be filed within one year of the date of the alleged violation.
• Content: The complaint must be in writing and must include specific information about the alleged violation, including the facts, dates, and individuals involved.
• Exhaustion of Local Remedies: TEA may require you to attempt to resolve the issue at the local level (through the RRISD grievance process) before filing a state complaint.

How to File a TEA Complaint:

Information on filing a TEA complaint can be found on the TEA website. You will typically need to download a complaint form and submit it to TEA along with supporting documentation.

Due Process

Due process is a formal legal process under IDEA that allows parents to resolve disputes with the school district regarding their child's special education services. It is a more formal and adversarial process than a grievance or a TEA complaint.

When to Consider Due Process:

• When you disagree with the school district about your child's IEP, evaluation, placement, or the provision of services.
• When you believe the school district has violated IDEA or other special education laws.
• When you have exhausted other dispute resolution options (e.g., mediation, grievances) and have not been able to resolve the issue.

Important Considerations:

• Legal Representation: Due process hearings are complex legal proceedings. It is highly recommended that you seek legal representation from an education attorney if you are considering filing for due process.
• Timeline: Due process hearings have strict timelines. It is important to act quickly if you believe your child's rights have been violated.
• Evidence: You will need to present evidence to support your claims at the due process hearing. This may include documents, witness testimony, and expert evaluations.

Filing for Due Process:

To file for due process, you must submit a written complaint to the school district and the TEA. The complaint must include specific information about the dispute, including the facts, dates, and the proposed resolution.

Final Warning: This guide provides a brief overview of discipline rights and grievances in RRISD. It is essential that you seek legal advice from an experienced education attorney to protect your child's rights. Do not delay! Your child's future may depend on it.