Subject: Re: Request for MDR, Emergency IEP Meeting, and Suspension Appeal Dear Ms. Eigenrauch and Ms. Fitzsimmons, Thank you for your prompt acknowledgment of our requests. We appreciate the school's commitment to collaboration, and we share the goal of supporting Henry's success. However, we must respectfully clarify several points in your response that require correction under federal and state law. **1. Manifestation Determination Review (MDR) - Our Right to Request** While you correctly note that an MDR is required when cumulative suspensions exceed 10 school days, you omitted that **parents have the right to REQUEST an MDR at any time** when they believe a behavior is disability-related. 34 C.F.R. § 300.530(e) states that an MDR "must" occur within 10 school days of any decision to change placement "because of a violation of a code of student conduct." The regulation does not limit this to cases exceeding 10 days. Moreover, the school's own documentation reveals that this is not an isolated incident but rather the culmination of a **documented 5-month pattern** (September 2025 - February 2026) of similar behaviors that the school has been accommodating through removal protocols and break room strategies. The ABC data you provided demonstrates: - 71% of incidents involve physical aggression triggered by impulse control deficits - 100% de-escalation rate when removed from the setting - Primary antecedent: "lost a game" or frustration with transitions These are classic indicators of disability manifestation, not willful misconduct. **2. The "Threat to Safety" Exception - Inapplicable Here** You cite Illinois School Code authority to suspend for up to 10 days for disability-related behaviors that pose a threat to safety. However, this exception is undermined by the school's own conduct: For **over five months**, Everett Elementary has accommodated these exact behaviors using Mrs. Gruender's room as a break space and removal protocols. If Henry's conduct posed an immediate threat requiring suspension, why has the school been safely managing these same behaviors since September 2025? The February 11 incidents, while serious, follow the identical pattern documented since September: escalation when frustrated, de-escalation when removed. The school's consistent prior accommodation contradicts any claim that these behaviors suddenly constitute an emergency threat justifying suspension under the safety exception. **3. Suspension Review Timeline - Statutory Deadline Applies** You indicate we will receive "separate written notice...next week" regarding the suspension appeal. We must remind you that under Board Policy 7:190-21 and Illinois School Code Section 10-22.6, the suspension review must be held **within 10 days of the suspension decision** - meaning no later than **February 21, 2026**. Waiting until "next week" to provide notice of the appeal process risks missing this statutory deadline. We respectfully request: - Immediate written notice of the suspension review procedure - Scheduled suspension review date no later than February 20, 2026 - Confirmation that the review will include all members with authority to modify or rescind the suspension **4. Separation of Suspension Review and IEP Meeting** We note that the annual IEP meeting is scheduled for February 18th - one day before Henry's scheduled return. While we welcome review of Henry's BIP and services, the **suspension review is a separate statutory process** with its own timeline and purpose. The suspension review must address: - Whether the suspension was warranted given the documented disability-related nature of the behaviors - Whether the school's prior accommodation of these same behaviors undermines the "gross misconduct" classification - Appropriate remedies if the suspension is found improper These issues cannot be deferred to the IEP meeting, which focuses on educational programming rather than disciplinary appeals. **5. Continued Request for Emergency IEP Meeting** We maintain our request for an emergency IEP meeting **prior to February 18th** to address: - Immediate behavioral supports for Henry's return on February 19th - Review of transition and game/competition protocols given the documented trigger patterns - Whether the current BIP adequately addresses the behaviors or requires revision **Immediate Action Items:** 1. **Confirm MDR date** within 10 school days (by February 25, 2026) 2. **Schedule suspension review** by February 20, 2026 (within statutory deadline) 3. **Provide written suspension appeal procedures** by February 14, 2026 4. **Schedule emergency IEP meeting** for February 17, 2026 (before Henry's return) 5. **Confirm** that Henry will not be denied educational services or face additional discipline pending these reviews We remain committed to working collaboratively with the district. However, we must insist that the district comply with its statutory obligations regarding the MDR process and suspension review timeline. The documented history of accommodation over five months strongly supports our position that Henry's behaviors are disability-related and that the suspension is inconsistent with the school's prior treatment of these same incidents. We will be consulting with special education counsel regarding this matter and expect the district to proceed in good faith with the requested reviews. Please confirm receipt of this correspondence and provide the requested dates within 48 hours. Respectfully, Brian Slater and Kathy Slater Parents/Guardians of Henry Slater --- **Prepared by Justis Legal Research Agent** *This correspondence addresses legal rights under IDEA, 34 C.F.R. § 300.530, and Illinois School Code Section 10-22.6*