How does Section 504 apply to the disciplinary removal of a disabled student from school?
Section 504 protects disabled students from being improperly removed from school for misconduct that is related to their disability. As a general rule, Section 504 and IDEA apply to the disciplinary removal of disabled students in a similar manner. Before a district can implement a disciplinary action that constitutes a “significant change in placement” (Refer to “What is a ‘significant change in placement’ under Section 504?”), it must evaluate the student to determine whether the student’s misconduct is either related to his or her disability or due to an inappropriate placement. This type of evaluation is commonly called a “manifestation determination” (Refer to “What is a ‘manifestation determination’ under Section 504?”). If a disabled student’s misconduct is a manifestation of his or her disability, a district cannot implement a disciplinary action that constitutes a significant change in the student’s placement. If a disabled student’s misconduct is not a manifestation of his or
Related Questions
- What if a particular student attends a school that has been identified for improvement, but has been assigned to that school by a court order for disciplinary reasons?
- How does Section 504 apply to the disciplinary removal of a disabled student from school?
- May a nonresident school district deny a student for disciplinary reasons?
