Getting a call that your child is in trouble… big trouble… is a call no parent wants to receive. When your student has a disability – whether suspected and in the evaluation process, or documented through a 504 plan or an IEP – there are additional safeguards and steps that families should be aware of when their child is faced with suspension, especially when those suspensions reach 10 school days or more in a school year.
Firstly, Massachusetts school discipline law is multifaceted; when your child is alleged to have committed a disciplinary infraction, it is important to understand how the school has categorized the infraction as it determines your child’s right to a hearing, appeal, and whether they may be subject to a suspension in or out of school, and whether that suspension will be short or long term. If your child is potentially subject to a suspension – especially one of more than ten days – seek guidance in navigating this process!
When your child is subject to a suspension of ten or more school days (including cumulative days accumulated over the course of multiple disciplinary incidents), the school must hold a meeting called a Manifestation Determination. This meeting is not the same meeting as a disciplinary hearing. A Manifestation Determination is a meeting of members of your child’s IEP team to determine whether the behavior that resulted in the disciplinary action has a direct and substantial relationship to your child’s disability, or whether the behavior was a direct result of the school’s failure to implement your child’s IEP.
During the Manifestation Determination, the team will review the behavior that resulted in discipline, including discipline records or incident reports, as well as your child’s IEP, evaluations, behavior intervention plan (if one is in place), and any relevant information from you as the parent. You are able to invite your child’s outside providers – including a mental health provider or wraparound therapeutic support – to this meeting to share information on your child’s behalf.
If the team determines that the behavior in question has a direct or substantial relationship to your child’s disability OR was the result of the school’s failure to implement the IEP, no further exclusionary discipline can continue after that 10th day of suspension related to this offense. Additionally, the IEP team will recommend an FBA (functional behavior assessment) if one was not completed recently and develop a new Behavior Intervention Plan. In most cases, your child has the right to return to their current placement.
However, in some cases, your child may not be able to return to their placement. If your child has committed an offense related to the possession or use of a dangerous weapon, possession or use of drugs or controlled substances, or an offense that causes serious bodily injury to others, the school may recommend or place your child in an interim alternative education setting. This alternative setting may include a different school, virtual or in person tutoring or instruction from teachers in the home or community setting, or another alternative arrangement agreed upon by the parents and school.
If the offense is not related to drugs, weapons, or serious bodily harm, a placement change may still occur if parents and school staff agree that a change in placement is needed.
As parents, you should be aware that your child’s school must appropriately document a suspension when your child is removed from their general program – generally for more than half a day – and this includes if you are called to pick them up because they are reported to be disruptive or dysregulated. Remember that if your child is suspended from the bus and is entitled to transportation within their IEP, the school must arrange for alternative transportation to ensure that your child is able to make it to school to receive services. If you disagree with the team’s determination during a Manifestation Determination, you may need to file for a due process hearing.