Dispute & Discipline Rights in San Antonio ISD

URGENT GUIDE: Discipline Rights & Grievances in San Antonio ISD

IF YOUR CHILD HAS BEEN SUSPENDED OR IS FACING DISCIPLINARY ACTION IN SAN ANTONIO ISD, ACT FAST! THIS GUIDE OUTLINES YOUR RIGHTS AND HOW TO FIGHT BACK. TIME IS OF THE ESSENCE!

This guide is designed to help parents navigate the often-confusing world of student discipline in San Antonio ISD. It focuses on your rights, especially if your child has special needs or is facing a long-term suspension. Knowledge is power. Don't let the school intimidate you. Fight for your child!

The 10-Day Suspension Rule

Texas law generally allows schools to suspend a student for up to three school days for certain offenses. However, San Antonio ISD, like most districts, also has policies that allow for longer suspensions, potentially up to 10 days. It's crucial to understand the 10-day cumulative rule. This rule states that if a student with disabilities is removed from their current placement for more than 10 cumulative school days in a school year, it's considered a "Change of Placement" under the Individuals with Disabilities Education Act (IDEA). This triggers significant procedural safeguards, including the right to a Manifestation Determination Review (MDR).

Why is this important? Schools may try to skirt the law by issuing multiple short suspensions. Keep meticulous records of every suspension day your child receives. Document everything! Even if suspensions seem unrelated, if they add up to more than 10 days, you need to demand an MDR.

What to do:

• Keep a calendar and record every suspension day. Note the date, reason for suspension, and length of suspension.
• Immediately contact the Special Education Department if your child is approaching or has exceeded 10 cumulative suspension days. Demand an MDR be scheduled.
• Put your request for an MDR in writing. Email and certified mail are recommended. Keep copies!
• Consult with an education attorney or advocate immediately. They can help you navigate the process and protect your child's rights.

What Is an MDR (Manifestation Determination Review)?

An MDR is a meeting to determine if your child's misconduct was caused by or directly and substantially related to their disability. It also determines if the misconduct was a direct result of the school district's failure to implement the student's Individualized Education Program (IEP). This is CRUCIAL!

Who attends the MDR? The MDR team typically includes:

• You (the parent)
• Relevant members of your child's IEP team (e.g., special education teacher, general education teacher, administrator)
• A representative from the school district who has knowledge of the relevant facts and the student's IEP.

What happens at an MDR? The team reviews all relevant information in your child's file, including:

• The student's IEP
• Teacher observations
• Any relevant medical or psychological evaluations
• Information you provide as the parent

What are the possible outcomes of an MDR?

• If the team determines the behavior was a manifestation of the disability: The student must return to their current placement (unless you and the school agree to a change of placement as part of the IEP process). The IEP team must conduct a functional behavioral assessment (FBA) and implement or revise a behavior intervention plan (BIP) to address the behavior.
• If the team determines the behavior was NOT a manifestation of the disability: The school can discipline the student in the same way it would discipline a student without disabilities. However, the school must still provide educational services so your child can continue to participate in the general education curriculum and progress toward their IEP goals.
• If the team determines the school failed to implement the IEP: the school must correct their failure to implement the IEP immediately, and the student must be returned to their previous placement.

Important Considerations for the MDR:

• Prepare thoroughly. Review your child's IEP, any behavior plans, and any relevant medical or psychological evaluations. Gather any documentation that supports your claim that the behavior is related to your child's disability or the school's failure to implement the IEP.
• Bring an advocate or attorney. They can help you navigate the process and ensure your rights are protected.
• Don't be intimidated. This is your child's education and future at stake. Speak up and advocate for their needs.
• Document everything. Take detailed notes during the meeting and keep copies of all documents.

Change of Placement

As mentioned earlier, a Change of Placement occurs when a student with disabilities is removed from their current educational setting for more than 10 cumulative school days in a school year. It also occurs if the district attempts to expel a student. This triggers specific rights and protections under IDEA.

What are the implications of a Change of Placement?

• Right to an MDR. As discussed above.
• Continued Educational Services. Even if your child is removed from their regular classroom, the school district is still responsible for providing them with a Free Appropriate Public Education (FAPE). This may include alternative educational settings, tutoring, or other services.
• Prior Written Notice. The school district must provide you with prior written notice before any change of placement occurs. This notice must explain the reasons for the change, your rights, and how to challenge the decision.

What to do if you disagree with a proposed Change of Placement:

• Request a Due Process Hearing. This is a formal legal proceeding where you can present evidence and challenge the school district's decision.
• File a State Complaint with the Texas Education Agency (TEA). This is a less formal process than a due process hearing, but it can still be effective in resolving disputes.
• Negotiate with the school district. You may be able to reach an agreement that meets your child's needs without resorting to formal legal proceedings.

Filing a Level 1 Grievance

San Antonio ISD likely has a grievance policy that allows parents to formally complain about school-related issues, including disciplinary actions. This is usually a multi-level process. The first step is typically filing a Level 1 grievance with the school principal or designated administrator. Don't delay! There are strict deadlines for filing grievances.

How to file a Level 1 Grievance:

• Obtain a copy of the San Antonio ISD grievance policy. This should be available on the district website or from the school principal's office.
• Follow the specific procedures outlined in the policy. This may include using a specific form or submitting a written statement.
• Clearly state the issue you are grieving. Be specific about the disciplinary action you are challenging and why you believe it is unfair or violates your child's rights.
• Provide supporting documentation. Include any evidence that supports your claim, such as copies of suspension notices, emails, or witness statements.
• State the resolution you are seeking. What do you want the school district to do to resolve the issue? For example, you might request that the suspension be removed from your child's record, that the school implement a new behavior plan, or that specific staff members receive training.
• Submit the grievance within the specified timeframe. The grievance policy will outline the deadline for filing a Level 1 grievance. Miss this deadline and you may lose your right to appeal.
• Keep a copy of the grievance for your records. Send it certified mail, return receipt requested, to prove it was received.

What to expect after filing a Level 1 Grievance:

• The school principal or designated administrator will investigate the grievance.
• You will likely be given an opportunity to meet with the principal or administrator to discuss the grievance.
• The principal or administrator will issue a written decision within a specified timeframe.

If you are not satisfied with the Level 1 decision, you can appeal to the next level of the grievance process. Follow the procedures outlined in the grievance policy for filing an appeal.

TEA State Complaint

A State Complaint is a formal complaint filed with the Texas Education Agency (TEA) alleging that a school district has violated the IDEA or other special education laws. This is another avenue for addressing disciplinary issues that violate your child's rights.

When to file a State Complaint:

• When you believe the school district has violated the IDEA. This can include issues such as failure to provide FAPE, failure to implement the IEP, or improper disciplinary procedures.
• You typically have one year from the date of the alleged violation to file a State Complaint.

How to file a State Complaint:

• Obtain the State Complaint form from the TEA website. Search for "TEA Special Education Complaint."
• Complete the form accurately and thoroughly. Be sure to clearly state the alleged violation, the facts supporting your claim, and the relief you are seeking.
• Include copies of all relevant documents, such as the IEP, suspension notices, and any correspondence with the school district.
• Submit the complaint to TEA according to the instructions on the form.

What to expect after filing a State Complaint:

• TEA will investigate the complaint.
• TEA may request additional information from you or the school district.
• TEA will issue a written decision outlining its findings and any corrective actions required of the school district.

Due Process

Due process is a formal legal proceeding where you can challenge the school district's decisions regarding your child's special education services, including disciplinary actions. This is the most serious, and potentially most effective, action you can take.

When to request a Due Process Hearing:

• When you disagree with the school district's proposed IEP.
• When you believe the school district has failed to provide FAPE.
• When you disagree with a disciplinary action that results in a Change of Placement.

How to request a Due Process Hearing:

• Submit a written request to the school district. The request must include specific information, such as the child's name, address, the nature of the problem, and the proposed resolution.

What to expect in a Due Process Hearing:

• The hearing will be conducted by an impartial hearing officer.
• You will have the opportunity to present evidence and witnesses.
• The school district will also have the opportunity to present evidence and witnesses.
• The hearing officer will issue a written decision based on the evidence presented.

DUE PROCESS HEARINGS ARE COMPLEX AND REQUIRE LEGAL EXPERTISE. YOU SHOULD CONSULT WITH AN EDUCATION ATTORNEY IF YOU ARE CONSIDERING REQUESTING A DUE PROCESS HEARING. DO NOT ATTEMPT THIS ALONE!

Disclaimer: This guide provides general information only and should not be considered legal advice. Laws and policies are subject to change. It is essential to consult with an education attorney or advocate to discuss your specific situation and protect your child's rights.

Don't give up! Your child deserves a fair and appropriate education. Fight for their rights!