5605B - DISCIPLINING A SECTION 504 STUDENT

If a student with a disability who has a Section 504 Plan violates the Code of Conduct and is subject to suspension that results in a disciplinary change of placement or expulsion, a meeting of the student's Section 504 Team will be convened to determine whether the student's behavior is a manifestation of the student's disability.

Prior to such a meeting, the Director of Special Education shall ensure that a reevaluation of the student is completed prior to the manifestation determination. The scope of the reevaluation will depend on the length of time since the most recent evaluation and whether there has been a change in the student’s academic, behavioral or functional needs since the most recent evaluation. The results of the reevaluation will be considered by the Team to help them make a manifestation determination. The reevaluation must be completed and the meeting convened prior to removal of the student for 10 school days or, if that is not feasible, the Team must consider whether the student is entitled to compensatory educational services if it determines that the student’s behavior is a manifestation of the student’s disability.

If the Section 504 Team determines that the student's behavior is a manifestation of the student's disability, then the student's suspension must end, the student may not be expelled, and the student must be returned to the student's last placement prior to the disciplinary removal.

Emergency removal of a Section 504 student from their current placement may take place through parental agreement to an interim placement or through injunctive relief from a court when in the current placement is substantially likely to result in injury to the student or others.

Revised 8/2/14
Revised 8/11/15
Revised 9/9/25

© Neola 2025