Disciplining Students with Disabilities:
Guidelines and Procedures for Superintendent Suspensions
Students with disabilities who are removed from their current educational programs for more than 10 school days are entitled to specific protections under the Individuals with Disabilities Act (IDEA) and Federal and State Regulations.[1] The attached document provides step-by-step directions schools must take to ensure that students who are suspended for more than 10 days are given appropriate due process and educational services. While this process is highly detailed, there are two core areas in which specific steps must be taken.
The Manifestation Determination Review
The first area is a determination of whether the student’s disability or the failure of the school district to provide services on the student’s IEP was the direct cause of the act for which the student was suspended. This is called a “Manifestation Determination Review.” If an MDR is required, a referral will be made by the Suspension Hearing Office. If the MDR Team finds that the act for which the student was suspended was a result of his/her disability (a “YES” MDR), the student will be immediately returned to school, except if the student is removed to an Interim Alternate Educational Setting (IAES), in which case the suspension term will continue up to 45 school days. In either case, the school must complete a new, or update an existing, Functional Behavioral Assessment and Behavioral Intervention Plan.
The Suspension Hearing Office will notify the school if the IAES exception applies.
If, on the other hand, the MDR Team finds that the act for which the student was suspended was not a manifestation of his/her disability (a “NO” MDR), the student is subject to the same disciplinary options as general education students and the school may review an existing or complete a new Functional Behavioral Assessment and Behavioral Plan, if appropriate.
The IEP Team meeting
The second area, a new component of the IDEA, requires an IEP Team to convene and determine the level of special education supports and services that a student will receive at his/her suspension site. As noted above, if the MDR determination is “YES,” the student is immediately returned to school and an IEP Team is not required to meet unless an IAES exception applies. If the outcome of the MDR is “NO,” or an IAES exception applies, the new Special Education Suspension Plan, of copy of which is contained in this document, must be completed immediately. Please be aware that the Special Education Suspension Plan is not an IEP and is used only when the student is attending the suspension site. Step-by-step considerations for development and implementation of the Suspension Plan are included in this document as well.
This document contains the following:
Manifestation Determination Checklist……………………………………. Page 3
Manifestation Determination Checklist Additional Clarification………….. Pages 4-6
Forms A, B, and C……………………………………………………… Pages 7-9
The Special Education Suspension Plan: Considerations and Guidelines.... Page 10
The Special Education Suspension Plan…………………………………… Page 11
Suspension Transportation Variance Request Form……………………….. Page 12
Special Education Suspension Plan Implementation Guidelines………….. Page 13
Manifestation Determination Review Checklist
Confirm that the student requires an MDR:
(1) Does the student have an IEP or a 504 Accommodation Plan? q Yes q No
If the answer is Yes,” proceed to Step 2.
Step 2…
Arrange for MDR Team Participants. The following are required:
q Parent
q School Psychologist and/or Social Worker
q Individual from school familiar with the student
q Other members of the IEP Team if mutually agreed upon by parent and IEP team
Then notify other members of the IEP Team that they may be required to attend an IEP Meeting following the MDR to determine services the student will need while serving his/her suspension
Step 3…
Gather the following information to be used during the MDR:
q All relevant information in the student’s file (e.g. a Behavioral Intervention Plan)
q The student’s IEP
q Teacher observations
q Relevant information provided by the parent(s)
Step 4…
Once the above steps have been taken, the following questions must be answered during the MDR:
(1) Was the conduct in question caused by or did it have a direct and
substantial relationship to the student’s disability?
q Yes q No
(2) Was the conduct in question a direct result of the DOE’s failure to implement the student’s IEP?
q Yes q No
If the answer to either question is “Yes,” the conduct in question must be a manifestation of the student’s disability.
Step 5…
If the answer in Step 4 is “YES,” or, if the student is removed to an IAES setting:
· an FBA and BIP must be reviewed (if the student currently has a BIP), or developed and implemented to address the behavior that resulted in the suspension.
If the answer to both questions in Step 4 is “NO” or if the answer is “YES” and the student is in an IAES setting:
· The IEP Team must immediately convene and complete the Special Education Suspension Plan to determine services to be provided at the suspension site for suspensions over 10 days. CERTAIN GUIDELINES APPLY; please see The Special Education Suspension Plan: Guidelines and Considerations
Step 1 Further Explanation…
The student may be entitled to an expedited evaluation for special education services within 15 school days if the Department is “deemed to know” the student is a student with a disability. The Department will be “deemed to know,” if prior to the conduct in question:
q The parent expressed concern in writing to supervisory school staff, the Regional Committee on Special Education Office, or to a teacher of the student informing them that the student is in need of special education (note that this may be made orally only if the parent does not know how to write or has a disability that prevents a written statement); OR
q The parent of the student has requested an evaluation of the student to determine whether the student is a student with a disability; OR
q A teacher of the student, or other personnel of the school district, has expressed specific concerns in writing about a pattern of behavior demonstrated by the student directly to the Regional Committee on Special Education Office or to the school principal.
Exceptions: The Department is NOT “deemed to know” if:
q The parent of the student has not allowed an evaluation of the student;
q The parent of the student has refused services;
q It was determined by the IEP Team that the student is not a student with a disability.
Step 2 Further Explanation…
The IDEA requires that the following people participate in the MDR:
q A representative of the school district knowledgeable about the student.
q A representative of the school district knowledgeable about the interpretation of information about child behavior. This role is usually filled by the school psychologist or social worker.
q The Parent
q Other members of the IEP Team as determined by the IEP Team and the parent. Please Note: This requires an agreement between the IEP Team and the Parent.
Parents must receive notification in writing of participants and their right to request additional members of the IEP Team. Please utilize FORM B for parent notification.
Step 3 Further Explanation…
The MDR Team must review all relevant information in the student’s file. “All relevant information” means, at a minimum, the student’s IEP, Behavioral Intervention Plan, teacher observations and any relevant information provided by the parents.
Step 4 Further Explanation…
The conduct in question must have a direct and causal relationship to the student’s disability, or must be the direct result of the failure of the Department to implement the student’s IEP.
The MDR must be completed and a decision made within 10 school days from the day the referral was made by the Suspension Hearing Office. The Suspension Hearing Office must receive the outcome of the MDR by the 10th day utilizing FORM A.
Please Note: If during the MDR, deficiencies are identified in the student’s IEP or with the student’s placement, or in implementation of the IEP, the school must take immediate steps to remedy the deficiency.
Step 5 Further Explanation…
If MDR outcome is “YES,” then develop or review an FBA and BIP
If the student does not have a current Behavioral Intervention Plan (BIP):
A Functional Behavioral Assessment must be conducted within ten (10) school days after the MDR and the Behavioral Intervention Plan completed as soon as practicable thereafter.
If the student already has a current BIP:
An IEP meeting must be convened within ten (10) school days of the MDR to review the BIP and its implementation, and modify its provisions and/or implementation, as necessary, to address the behavior that resulted in the suspension.
If MDR outcome is “NO,” (or YES on an IAES only) then convene an IEP Team to complete the student’s Special Education Suspension Plan
If the MDR team determines that the act for which the student is suspended is not a manifestation of the student’s disability, the student is subject to the same disciplinary options as general education students as set forth in the Discipline Code. An IEP Team must convene immediately following the MDR to determine the level of special education support and service to be provided at the student’s suspension site. The IEP Team members must consist of:
· The Parent
· The Student’s Special Education Teacher (If the student has multiple teachers, the teacher most familiar with the student should attend.)
· The Student’s General Education Teacher (if the child participates in a general education environment)
· A District Representative
Keep in mind that members of the IEP Team may already be present at the MDR meeting (i.e., the parent, the student’s teacher, if agreed upon by the parent and the CSE, etc.). Any additional required members listed above not present at the MDR meeting must be notified beforehand that they may be required to attend. The purpose of this meeting is to determine the services that will be provided to the student during the suspension.
A Functional Behavioral Assessment and Behavioral Intervention Plan may also be reviewed or completed, as appropriate.
The attached “Special Education Suspension Plan,” must be completed in its entirety, and along with the student’s IEP, MDR Attendance Sheet, the MDR Checklist, the Behavioral Intervention Plan (if applicable) and Suspension Transportation Variance Form (if applicable) must be faxed or otherwise provided to the Student Suspension Office.
FORM A
(REGIONAL SUSPENSION OFFICE LETTERHEAD)
NOTICE OF REFERRAL TO CONDUCT A MANIFESTATION DETERMINATION REVIEW AND, IF APPLICABLE, TO REVIEW/CONDUCT A FUNCTIONAL BEHAVIORAL ASSESSMENT AND BEHAVIORAL INTERVENTION PLAN
Date:Re (Student’s Name):
Date of Birth:
School:
Program:
NYC ID #:
TO: ______
Regional Committee on Special Education Chairperson, Region ______
FROM: ______
Suspension Hearing Office
SUBJECT: STUDENT SUSPENSION
______
Please be advised that the above-referenced student has been suspended. The suspension may result in the removal of the student for more than ten (10) school days in a school year or may result in a disciplinary change in placement.
A Manifestation Determination Review (MDR) must be initiated to determine whether the misconduct for which the student has been charged was the result of his/her disability. The results of the MDR must be sent to the Hearing Office within ten (10) school days of the referral. Immediately following the meeting, please return this page with the determination indicated below and the attendance sheet for the MDR meeting.
An FBA and BIP must be completed or reviewed for all students removed to an IAES setting. For all other removals, an FBA or BIP must be completed or reviewed only if the MDR Team determines the student’s conduct was a manifestation (#1) of his/her disability. The following procedures must be followed:
If the review indicates that there is no Behavioral Intervention Plan (BIP): A Functional Behavioral Assessment must be conducted following the MDR within ten (10) school days. As soon as practicable after completing the functional behavioral assessment, the IEP Team must convene to develop a Behavioral Intervention Plan (BIP) to address the behavior that resulted in the change in placement.
If the review indicates that a BIP has been completed: An IEP meeting must be convened within ten (10) school days of the MDR to review the BIP and its implementation, and modify its implementation, as necessary, to address the behavior that resulted in the change in placement.
______
PLEASE CHECK #1 OR #2:
q #1 MISCONDUCT IS MANIFESTATION OF DISABILITY
q #2 MISCONDUCT IS NOT MANIFESTATION OF DISABILITY
FORM B
(REGIONAL COMMITTEE ON SPECIAL EDUCATION LETTERHEAD)
NOTIFICATION OF FUNCTIONAL BEHAVIORAL ASSESSMENT AND
MANIFESTATION DETERMINATION REVIEW
Date:Student’s Name:
Date of Birth:
NYC ID #:
School:
Program:
Mr./Mrs.
Address
City, State Zip Code
Dear Mr./Mrs. ______,
In accordance with Chancellor’s Regulation A-443, the Regional Committee on Special Education was notified that a Manifestation Determination Review must be conducted to determine whether your child’s misconduct was the result of his/her disability. A Functional Behavioral Assessment and a Behavioral Intervention Plan may also be developed or reviewed. The meeting to conduct the MDR will be held on:
Date:Time:
Location:
Telephone:
Your attendance is required at this meeting and we urge you to attend. The school psychologist or social worker and person familiar with the student will be attending this meeting. You have the right to request that other members of the IEP Team participate in the meeting.
Please call me at ______, if you have any questions regarding this process or would like to request that additional members of the IEP Team attend. Thank you.
Respectfully,
Regional Committee on Special Education Chairperson
Enc. Procedural Safeguards Notification
FORM C
MANIFESTATION DETERMINATION ATTENDANCE SHEET
Student’s Name:NYC ID #:
Date: / ______
Required Members
Individual knowledgeable about the interpretation of information about
child behavior. (This may be the
School Psychologist or School
Social Worker.)
Representative familiar
with the student
Parent of Student
Title and Signature / Additional Members if Parent and CSE Agree
Title and Signature
Title and Signature
THE SPECIAL EDUCATION SUSPENSION PLAN:CONSIDERATIONS AND GUIDELINES