School discipline protections

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• Manifestation determination

  If your child is facing a suspension, it can feel stressful and confusing. But it can help to know how a 504 plan gives your child extra protections. (The same protections also apply to kids with IEPs.)

  When a school suspends a child for more than 10 school days in total, it’s called a change in placement. (This term may also apply if the school has a pattern of removing a child from class, even if it’s less than 10 days.)

  If there is a change in placement for a child with a 504 plan, the school must do several things, including:

  • Immediately notify parents or caregivers in writing of the change.

  • Conduct a special review, called a manifestation determination.

  If the school determines that the child’s disability caused or contributed to the behavior, then the school must:

  • Immediately try to figure out why the behavior happened.

  • Put in place a behavior intervention plan or, if the child already has one, make any needed changes.

  • Allow the child to return to school.

• Exception for drugs or alcohol

  In many cases, kids with 504s can return to school if their disability caused or contributed to the behavior. But there is one exception: using illegal drugs or alcohol.

  Schools may discipline a student with a 504 plan for drug or alcohol use the same way that the school disciplines students without disabilities for this behavior.