The 10-Day Suspension Rule in San Benito CISD
This is a crisis guide for parents whose child is facing disciplinary action or alternative placement (DAEP) in San Benito CISD. Time is of the essence. If your child has an IEP or a 504 plan, the standard discipline rules do not completely apply to them.
San Benito CISD can suspend your child for up to 3 school days for certain disciplinary infractions. They can extend this suspension to a maximum of 10 days. However, if your child is suspended for MORE THAN 10 cumulative school days in a single academic year (even if they are separate 2-day or 3-day incidents), this triggers massive federal protections.
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View Behavior Defense KitWhat Is an MDR (Manifestation Determination Review)?
An MDR is a mandatory meeting that must occur before San Benito CISD can expel your child or send them to a Disciplinary Alternative Education Program (DAEP) for more than 10 days. The goal of this meeting is to answer two specific questions:
- Was the conduct caused by, or did it have a direct and substantial relationship to, the child's disability?
- Was the conduct the direct result of San Benito CISD's failure to actually implement the IEP?
If the answer to EITHER question is yes, the school CANNOT discipline your child in the same way they would a non-disabled student. They must immediately conduct a Functional Behavioral Assessment (FBA) and return your child to their original placement.
How to File a Level 1 Grievance in San Benito CISD
If you believe a campus administrator has violated your child's rights or ignored their IEP, you must file a formal grievance. Sending an angry email is not enough.
- Find the Policy: San Benito CISD board policy (FNG Local) governs parent complaints. You typically have only 15 days from the incident to file.
- Get the Form: Request the official Level 1 Grievance form from the school principal or download it from the district website.
- Stick to the Facts: Clearly and concisely state the facts, the specific policy or IEP provision that was violated, and the exact remedy you seek. Keep emotion out of it.
- Submit Officially: Submit the grievance to the campus principal. Send it via email and keep a time-stamped copy for your records.
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Due Process & TEA Complaints
If the grievance process fails and San Benito CISD continues to deny your child a Free Appropriate Public Education (FAPE), you have the right to escalate the matter to the state level.
You can file a formal State Complaint with the Texas Education Agency (TEA), which will trigger a state investigator to review the district's actions. If the issue involves severe placement disagreements, you maintain the right to file for a Due Process Hearing—a formal legal trial before an administrative judge.