Introduction to the Issue
A disciplinary removal represents a critical turning point in a student’s education, especially for those with disabilities. With proper advocacy, this moment can become an opportunity to reinvest in our most at-risk students rather than a step toward disengagement and dropout.
The Story of Cole
When Cole, a sixth-grade student in Brooklyn, received his third suspension notice last fall, it marked a missed opportunity for New York City’s school system to protect its most vulnerable students. Like thousands of other students with disabilities in our public schools, Cole faced repeated removals from his classroom without proper consideration of his special education needs. Due to the effects of trauma suffered throughout his childhood, Cole struggles to control his anger, gets triggered easily, and experiences outbursts in class.
The Problem with Current Practices
New York City schools’ punitive approach to addressing behavior issues of students with disabilities not only violates the law but is derailing the lives of students most at risk, and misses the opportunity to address the behaviors that would greatly benefit the school community including teachers and fellow students. If the city really cares about the mental health of New Yorkers, it starts with schools, which can and must do more to give students with disabilities the same educational opportunities as their peers.
The Law and Its Requirements
After a long and shameful history of schools using suspensions and discipline to segregate students with disabilities, Congress and the New York State legislature passed laws to ensure that these students were met with support rather than exclusion. The law requires school districts to conduct a “Manifestation Determination Review” (MDR) before long-term removals of students with disabilities from their classrooms. This critical meeting seeks to answer two questions: whether the behavior that led to the suspension stemmed from the student’s disability, and whether the student was not receiving his or her mandated special education services.
The Reality of MDRs in NYC Schools
New York City public schools issued over 14,000 disciplinary removals of students with disabilities last school year–nearly 40 percent of total suspensions, despite these students comprising only 22 percent of the student population. Each suspension represents more than lost classroom time; it often means the denial of crucial special education services and the first step toward more serious academic and behavioral struggles, school disengagement, and eventual school dropout. Independent MDR monitor reports in New York City public schools from 2015-2018 found that only 45-55 percent of the time was there “effective discussion” of the student’s disability at the MDR meeting, a stat backed up by what many legal advocates are finding in those meetings.
The Need for Proper MDRs and Advocacy
When MDR’s are not conducted properly, schools miss an important opportunity to avoid disruptions for all students by getting to the root of students’ behavior issues. Experts and state and local departments of education have found again and again that punishment of students with disabilities actually works against the desired outcome of decreasing disruptive behavior, leaving students with shame and distrust. Rather, schools should develop responsive discipline policies that are inclusionary, rely on relationships, and implement strategies to support the student and community moving forward. Conducting an effective MDR is the first step.
A Success Story and the Importance of Advocacy
Cole faced three separate suspensions, each preceded by an MDR where his mother was denied meaningful participation. It wasn’t until she secured legal representation through Legal Services NYC that Cole finally received proper consideration of his needs and a new evaluation to ensure appropriate support. He hasn’t been suspended since. Families need access to advocates who can help them navigate the complex special education and discipline systems and protect their child’s right to a meaningful education.
Conclusion
A disciplinary removal represents a critical turning point in a student’s education, especially for those with disabilities. With proper advocacy, this moment can become an opportunity to reinvest in our most at-risk students rather than a step toward disengagement and dropout. As city leaders push for new laws to address the youth mental health crisis, we must include MDR reforms in these efforts. By providing families with advocates during disciplinary proceedings, we can create lasting relationships between education advocates and families, ensuring students with disabilities receive the support they need as they move through their educational journey.
FAQs
Q: What is a Manifestation Determination Review (MDR)?
A: An MDR is a critical meeting that seeks to answer two questions: whether the behavior that led to the suspension stemmed from the student’s disability, and whether the student was not receiving his or her mandated special education services.
Q: Why are MDRs important?
A: MDRs are important because they help ensure that students with disabilities are not punished for their disability and that they receive the support they need to succeed in school.
Q: What happens if an MDR is not conducted properly?
A: If an MDR is not conducted properly, schools miss an important opportunity to avoid disruptions for all students by getting to the root of students’ behavior issues, and students with disabilities may be denied crucial special education services.
Q: How can families advocate for their child’s rights during an MDR?
A: Families can advocate for their child’s rights during an MDR by securing legal representation and ensuring that they are meaningfully participating in the meeting.
Q: What can be done to improve the MDR process in NYC schools?
A: To improve the MDR process in NYC schools, the city can provide families with advocates during disciplinary proceedings, ensure that MDRs are conducted properly, and develop responsive discipline policies that are inclusionary and supportive of students with disabilities.
