AJE Education Justice Attorney Nadiya Pope provided testimony at a recent hearing at the DC State Board of Education on restorative justice and student safety.  She discussed how schools in D.C. can better support student victims, especially in situations involving bullying and harassment, while still upholding the legal rights of students with disabilities.

Resisting any implications that protections for students with disabilities are in tension with safety and nurturing schools, Nadiya reiterated that Manifestation Determination Reviews are mechanisms for accountability, not loopholes. These assessments are meant to make sure any conduct that is closely linked to a student’s disability or a school’s noncompliance with the student’s Individualized Education Program (IEP) is not punished. Noting that  Manifestation Determination Reviews (MDRs) protect against discrimination and promote due process, she strongly advised against portraying them as barriers and obstacles to victim-focused justice.  AJE also wants to remind readers of this blog that MDRs are only required to be held when a student with a disability has been out of school for more than 10 days in a row, or an aggregate.  To learn more about school discipline, including the rights of children with disabilities who are navigating the school discipline process, we suggest these Know Your Rights (KYR) handouts – 

• KYR.Student Fair Access to School Amendment Act
• KYR.Suspension & Expulsion of Students with Disabilities
• KYR.DCPS Long-Term Suspensions 
• KYR.Charter Schools

In her testimony, she asked and urged schools to use trauma-based, restorative practices that hold children responsible while promoting healing and building/strengthening the school community. Her suggestions include:

• Immediate communication and intervention when bullying occurs.
• Trained, Unbiased, Neutral facilitators to lead restorative circles.
• Dedicated space and time for victims to speak, be open, and be heard.
• Consistent check-ins and safety plans to prevent repeat harm.
• Data-driven approaches that track behavioral patterns, not punish them.

“Restorative justice must be done with care and fidelity. We must create systems that recognize harm, promote healing, and hold all students accountable in developmentally appropriate ways.” Nadiya listed in her testimony important best practices for schools, such as organized restorative meetings, frequent follow-ups, thorough safety measures, and time set up for victims to talk about their experiences.

In order to lower school dropout rates and advance reasonable discipline, Nadiya also called for the Student Fair Access to School Amendment Act of 2018 to be fully funded and implemented consistently, she argued that any attempt at victim-centered reform will fall short until the existing legislation is funded and supported.

Click here to read Nadiya’s full testimony.

Click here to watch a video about MDR that is part of our Special Education Thursday series or

Click here to watch a video about MDRs that is part of the IDEA Accessibility Project