Is it a violation of Section 504 if a juvenile detention center disciplines youth for behavior related to their disability?
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, prohibits discrimination on the basis of handicap by any recipient of federal financial assistance and it does apply to the provision of educational services to incarcerated juveniles. (Donnell C. v. Illinois State Board of Education, 829 F. Supp. 1016 (N.D. Ill. 1993).) Under Section 504, students with disabilities in juvenile detention cannot be excluded from appropriate education services or school for misbehavior that may be related to the students’ disability, or to the failure of the school program to meet the students’ needs. An Individualized Education Program (IEP) or “504 plan” should be developed that specifies accommodations that will be provided to enable the student to participate in the general curriculum. Moreover, behavior problems might be a sign to adjust the 504 plan or IEP. Section 504 defines persons with handicaps as (a) having a physical or mental impairment which substantially limits one or more ma
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