Dispute & Discipline Rights in Schertz-Cibolo-Universal City ISD

URGENT: Discipline Rights & Grievances in Schertz-Cibolo-Universal City ISD

If your child in Schertz-Cibolo-Universal City ISD (SCUCISD) is facing disciplinary action, especially a suspension or potential expulsion, you need to act NOW. This guide provides critical information on your rights and how to protect your child.

The 10-Day Suspension Rule

SCUCISD can suspend your child for up to 3 school days for certain disciplinary infractions. They can also stack these suspensions. If your child is suspended for MORE THAN 10 cumulative days in a school year, it triggers specific rights and procedures, especially if your child has an IEP or 504 plan. This is a critical threshold. Keep meticulous records of all suspensions. Pay close attention to the reasons provided on suspension notices. Even seemingly minor infractions can add up.

What Is an MDR? (Manifestation Determination Review)

An MDR, or Manifestation Determination Review, is crucial if your child with an IEP (Individualized Education Program) faces a disciplinary action that could lead to a Change of Placement (see below) or suspension exceeding 10 school days. The MDR determines if the student's behavior was caused by, or had a direct and substantial relationship to, their disability OR if the behavior was a direct result of the school district's failure to implement the IEP.

This is not a rubber stamp! Gather evidence now: medical records, IEP documents, behavior plans, witness statements (if possible), and anything that demonstrates the connection between your child's disability and the incident. Prepare to fight for your child. The school bears the burden of proof that the behavior was not related to the disability. If it WAS, the IEP team must conduct a Functional Behavioral Assessment (FBA) if one doesn't exist and implement a Behavior Intervention Plan (BIP) or revise the existing one.

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's a pattern of removals that total more than 10 school days in a school year, and the removals constitute a significant change in the student's educational experience. This can include placement in a Disciplinary Alternative Education Program (DAEP) or expulsion.

If a Change of Placement is being considered, your child has significant rights under IDEA (Individuals with Disabilities Education Act). You have the right to challenge the decision, participate in the MDR, and request a hearing if you disagree with the findings.

Filing a Level 1 Grievance

If you believe SCUCISD has violated your child's rights (related to discipline, IEP implementation, or any other issue), you can file a Level 1 grievance. This is usually the first step in the formal complaint process.

Act quickly! Grievance procedures often have strict deadlines (check the SCUCISD policy manual - look for a section on "complaints and grievances"). Your Level 1 grievance should be a written, detailed account of the incident, including dates, times, names of individuals involved, and the specific policy or law you believe was violated. Keep a copy for your records. Submit it to the appropriate administrator (usually the principal).

TEA State Complaint

If you are not satisfied with the outcome of the grievance process, or if the issue is particularly serious, you can file a complaint with the Texas Education Agency (TEA). This is a more formal process and requires specific documentation and evidence. Again, there are strict deadlines. Research the TEA complaint process immediately. A TEA complaint can trigger an investigation by the state.

Due Process

Due process is your fundamental right to fair treatment and a chance to be heard before the school district takes significant action against your child, especially concerning disciplinary measures. This includes the right to:

• Receive written notice of the charges against your child.
• Present your side of the story.
• Examine evidence and witness statements.
• Be represented by an advocate or attorney.

Don't be intimidated! Understand that you have rights. Demand due process at every stage of the disciplinary process. If you believe your child's due process rights have been violated, seek legal counsel immediately.

This guide is for informational purposes only and does not constitute legal advice. Contact a special education attorney or advocate for personalized guidance and representation. Time is of the essence!