Discipline and Your Child's Section 504 Rights
- Accessible Education
- Nov 11
- 11 min read
When a student with a Section 504 Plan faces discipline, powerful protections come into play. Understanding these protections is critical for every parent because discipline situations can significantly impact your child's education and rights. Part 8 of our Understanding Section 504 series explains how Section 504 governs school discipline, what a manifestation determination is, and how to protect your child's rights during disciplinary proceedings.
The Core Principle: Non-Discriminatory Discipline
Section 504 requires schools to administer discipline in a nondiscriminatory manner. This doesn't mean students with disabilities can't be disciplined; it means they cannot be disciplined in ways that discriminate based on their disability.
Three Forms of Discriminatory Discipline
Schools violate Section 504 when they engage in:
1. Unnecessary Different Treatment: Disciplining a student with a disability more severely than non-disabled students for similar behavior without a legitimate, non-discriminatory reason.
Example of violation: Two students get into a shoving match. The student without a disability receives a one-day in-school suspension. The student with ADHD receives a three-day out-of-school suspension for the same incident, without any justification for the different treatment.
2. Discriminatory Effects: Using disciplinary policies or practices that result in unjustified discriminatory effects based on disability, even if unintentional.
Example of violation: A school has a "zero tolerance" policy for disruptive behavior that results in students with ADHD and other behavioral disabilities being suspended at rates five times higher than other students, because the policy doesn't account for disability-related behaviors.
3. Informal Exclusions: Removing a student from the educational environment without following proper procedures. Informal removals are subject to the same Section 504 requirements as formal removals.
Examples of informal exclusions:
Repeatedly sending a student home early for behavior
Restricting a student from attending certain classes or activities
Keeping a student in the office instead of class
Suspending bus privileges without considering it a removal
Shortened school days without proper procedures
What is a Significant Change in Placement?
Understanding "significant change in placement" is crucial because this triggers the most important discipline protections under Section 504.
The Definition
The Office for Civil Rights (OCR) considers a significant change in placement to occur in these situations:
Exclusion Exceeding 10 Consecutive School Days: An exclusion from the educational program (such as out-of-school suspension or expulsion) of more than 10 consecutive school days is automatically considered a significant change in placement.
Examples:
Expulsion for the remainder of the school year
Suspension for 11 consecutive days
Homebound placement as a disciplinary measure for more than 10 days
Pattern of Short-Term Removals: A series of short-term non-consecutive removals (each 10 school days or fewer) is considered a significant change in placement if the removals total more than 10 school days in a school year AND create a pattern.
How OCR Determines if Removals Create a Pattern
OCR evaluates patterns on a case-by-case basis, considering:
Length of each removal: How many days was each suspension?
Proximity of removals to each other: Are they clustered together or spread throughout the year?
Total amount of time removed: How many total days has the student been excluded?
Nature of the behavior: Is it the same type of behavior in each incident, or different behaviors?
Example of a pattern: A student receives eight separate suspensions throughout the year: 2 days, 1 day, 3 days, 2 days, 1 day, 2 days, 1 day, and 2 days—totaling 14 days. All suspensions are for similar disruptive classroom behaviors (calling out, leaving seat, refusing to work). The proximity, similarity of behaviors, and total days removed would likely constitute a pattern and trigger a significant change in placement.
Example that may not be a pattern: A student has three suspensions spread across the school year: one 3-day suspension in September for fighting, one 2-day suspension in January for skipping class, and one 5-day suspension in April for vandalism—totaling 10 days. These are spread far apart, involve different behaviors, and don't yet exceed 10 total days.
Other Significant Changes: Other actions that may constitute significant changes in placement:
Transferring a student from general education with pull-out services to a self-contained special education class (as discipline)
Disciplinary transfer to an alternative school (depending on circumstances)
Terminating or significantly reducing services
Why the 10-Day Threshold Matters
The 10-day threshold (consecutive or cumulative pattern) is the trigger point where your child's most significant protections activate. Before a significant change in placement can occur, the school MUST conduct a reevaluation called a Manifestation Determination Review.
Manifestation Determination Review (MDR): The Critical Protection
The Manifestation Determination Review (MDR) is the most important protection your child has in discipline situations. It's a reevaluation conducted before a significant change in placement can occur.
When an MDR is Required
An MDR must be conducted:
Before any disciplinary removal exceeding 10 consecutive school days
When cumulative removals create a pattern exceeding 10 school days
Before expulsion
Before long-term suspension
Before certain disciplinary transfers
The school cannot proceed with the disciplinary action until the MDR is complete.
Purpose of the MDR
The MDR determines two critical questions:
1. Was the behavior caused by or had a direct and substantial relationship to the student's disability?
The team must consider whether the student's disability caused or contributed to the behavior that led to the disciplinary action.
Example: A student with ADHD blurts out answers repeatedly and disrupts class despite teacher redirections. The team would likely find the behavior is directly related to the student's ADHD, which affects impulse control.
2. Was the behavior a result of the school's failure to implement the Section 504 Plan?
This question is crucial. Even if the behavior might not otherwise be considered a manifestation of the disability, if the school failed to provide the accommodations and services in the 504 Plan, and that failure contributed to the behavior, it's still considered a manifestation.
Example: A student's 504 Plan requires breaks every 20 minutes during testing. The teacher didn't provide the breaks, and the student became frustrated and tore up the test. The behavior would be considered a manifestation because the school failed to implement the plan.
Who Conducts the MDR
The MDR is conducted by the Section 504 Team, a group of knowledgeable persons who understand:
The student
The meaning of evaluation data
The disability and its impact
The placement options
Parents must be included and notified of the MDR meeting.
What Happens During an MDR
The team reviews all relevant information:
The student's Section 504 Plan
Teacher observations
Evaluation data
The specific behavior incident that led to discipline
Whether accommodations were implemented as written
How the disability manifests in the student
Whether there's a causal connection between the disability and behavior
The team then makes a determination: Is the behavior a manifestation of the disability or failure to implement the plan?
If the Behavior IS a Manifestation of the Disability
If the team determines the behavior was caused by or directly related to the disability, OR was due to the school's failure to implement the Section 504 Plan, critical protections kick in:
1. The School is Prohibited from Carrying Out the Exclusion
The school cannot proceed with the expulsion, long-term suspension, or other significant placement change. Your child cannot be punished through removal for behavior that was a manifestation of their disability.
This is a powerful protection. It recognizes that punishing a student for disability-related behavior is discriminatory and ineffective.
2. The Team Must Adjust Services, Supports, or Placement
Instead of excluding your child, the Section 504 Team must adjust the student's services, supports, or placement to more effectively address the disability-based behavior.
This might include:
Adding new accommodations to the 504 Plan
Conducting a Functional Behavioral Assessment (FBA)
Developing or revising a Behavioral Intervention Plan (BIP)
Adding counseling or mental health services
Increasing behavioral supports
Training staff on supporting the student
Changing the educational setting if the current setting isn't meeting needs
Ensuring full implementation of existing accommodations
Example: A student with anxiety has frequent outbursts when called on in class. The MDR determines that this is a manifestation of their anxiety disorder. Instead of expulsion, the team adds accommodations to the 504 Plan: the student will not be required to answer questions aloud, will have access to a "break pass" to visit the counselor, and will receive scheduled check-ins with the school counselor twice weekly. A BIP is developed with positive coping strategies.
3. School Must Ensure the Plan is Implemented
If the behavior was due to failure to implement the plan, the school must take immediate steps to ensure all provisions of the 504 Plan are implemented with fidelity going forward.
If the Behavior is NOT a Manifestation of the Disability
If the team determines the behavior was not caused by or directly related to the disability and was not due to failure to implement the plan, the student may be disciplined in the same manner as non-disabled peers for similar behavior.
What This Means
Your child can be:
Suspended
Expelled
Transferred to an alternative setting
Subject to the same disciplinary consequences as any other student who engaged in the same behavior
Important Limitation
Even when behavior is not a manifestation, the school still cannot discriminate. The discipline must be:
Consistent with how non-disabled students are disciplined for the same behavior
Not more severe based on disability
Applied in a non-discriminatory manner
Services During Removal
Even when the behavior is not a manifestation and discipline proceeds, students with disabilities have a right to continue receiving educational services that enable them to:
Continue to participate in the general education curriculum
Progress toward meeting goals
Receive necessary services and modifications
The extent of services required is a subject of legal interpretation and may vary, but students cannot be completely cut off from education.
Behavioral Supports: Prevention is Key
The best approach to discipline issues is prevention through appropriate behavioral supports in the Section 504 Plan.
When Behavioral Supports Should Be Included
Behavioral supports must be identified when:
An evaluation shows that challenging behavior is caused by the student's disability
The behavior interferes with the student's own ability to learn
The behavior interferes with others' ability to learn
The student has a history of behavioral incidents
Components of Effective Behavioral Support
Functional Behavioral Assessment (FBA): A systematic process to identify:
What the behavior looks like
When and where it occurs
What triggers it (antecedents)
What happens after (consequences)
What function the behavior serves for the student (attention, escape, sensory, etc.)
Behavioral Intervention Plan (BIP): Based on the FBA, a written plan that includes:
Specific target behaviors to decrease
Replacement behaviors to teach
Preventive strategies to reduce triggers
How staff should respond to behaviors
Positive reinforcement systems
Data collection procedures
Crisis intervention if needed
Proactive Strategies:
Environmental modifications
Teaching coping skills and self-regulation
Social skills instruction
Counseling services
Scheduled breaks or movement opportunities
Check-in/check-out systems with trusted adults
Failure to Provide Behavioral Supports = Denial of FAPE
If your child's Section 504 Plan requires behavioral supports and the school fails to provide them, this constitutes a denial of FAPE. This failure can also directly contribute to a manifestation determination finding.
Special Circumstances: Emergency Situations
Section 504 does not prohibit schools from responding to emergency circumstances where a student's behavior, including disability-based behavior, poses an immediate threat to their own or others' safety.
What Schools Can Do in Emergencies
Contact crisis intervention specialists or law enforcement if there's an immediate safety threat that cannot otherwise be managed.
Impose an immediate short-term disciplinary removal if the student's behavior presents a serious and immediate threat that cannot be mitigated by other means.
However, even emergency removals are subject to OCR review to determine if they were appropriate and non-discriminatory. Schools cannot use "emergency" as a routine excuse to remove students with disabilities.
After the Emergency
Once the immediate safety concern is addressed, the school must:
Count the emergency removal toward the 10-day threshold
Conduct an MDR if the threshold is reached
Consider whether the behavior indicates the current placement or services are inadequate
Adjust the 504 Plan if needed to prevent future emergencies
Protections Apply to All School Personnel
The school's non-discrimination duty and obligation to implement the 504 Plan extends to all personnel providing the educational program, including:
Classroom teachers
Substitute teachers
Administrators
Bus drivers
Cafeteria staff
Playground monitors
Security staff
School resource officers (SROs)
Example: If a school resource officer removes a student from school property without following Section 504 procedures, the school district is still responsible for the violation. All personnel must be trained on Section 504 requirements.
Informal Exclusions Count Too
Parents should be aware that informal removals are subject to the same Section 504 requirements as formal suspensions or expulsions.
Examples of Informal Exclusions
Repeatedly sending a student home early for behavior
Telling parents to keep the child home for a day to "cool off"
Excluding a student from specific activities, classes, or field trips
Requiring a parent to attend school with the child as a condition of attendance
Shortened school days without proper procedures and parental agreement
"Encouraging" voluntary withdrawal
In-school suspension, where the student receives no educational instruction
All of these count toward the 10-day threshold and require the same protections as formal suspensions.
Your Rights During Discipline Proceedings
As a parent, you have specific rights when your child faces discipline:
1. Notice
You must receive notice of:
The proposed disciplinary action
If it constitutes a significant change in placement
The MDR meeting date and time
Your right to participate in the MDR
2. Participation
You have the right to:
Attend and participate in the MDR
Provide information about your child
Bring someone with you for support or expertise
Present information about whether the behavior was a manifestation
3. Access to Records
You have the right to review:
All records related to the disciplinary incident
Your child's 504 Plan
Documentation of whether the plan was implemented
Evaluation data
Behavioral records
4. Procedural Safeguards
If you disagree with the MDR determination, you have the right to:
Request an impartial due process hearing
Challenge the manifestation determination
Present evidence and testimony
Be represented by counsel
5. Protection from Retaliation
The school cannot retaliate against you or your child for asserting rights under Section 504 or participating in the MDR process.
What to Do if Your Child Faces Discipline
If your child with a 504 Plan is facing serious discipline, take these steps:
1. Document Everything:
Get written notice of the proposed discipline
Request copies of incident reports
Document your child's behavior and any triggers
Note whether accommodations were provided before the incident
2. Review the 504 Plan:
Check whether accommodations were being implemented
Look for behavioral supports that should have been in place
Note any services that weren't provided
3. Request an MDR if Applicable: If the discipline would exceed 10 consecutive days or create a pattern of removals, ensure an MDR is scheduled before any action is taken.
4. Prepare for the MDR:
Gather documentation of the disability and its manifestations
Collect information about implementation (or failure) of the plan
Consider bringing an advocate or attorney
Prepare questions and information to present
5. Participate Actively:
Attend the MDR meeting
Provide information about your child's disability
Ask questions about implementation of the plan
Request data on accommodations provided
Advocate for appropriate supports rather than exclusion
6. Follow Up:
Get the MDR determination in writing
If behavior was a manifestation, ensure the plan is revised appropriately
If you disagree with the determination, consider requesting a due process hearing
Monitor implementation going forward
When to Seek Additional Help
Consider involving an advocate or attorney if:
The school is proposing expulsion
You believe the manifestation determination was incorrect
The school has repeatedly failed to implement the 504 Plan
Your child has been removed multiple times in a pattern
The school is not providing appropriate behavioral supports
You need help understanding your rights or the process
Correcting Violations
If a school removes a student for more than 10 school days without completing a required MDR, or fails to comply with other Section 504 requirements, they must correct the failure. This may include:
Compensatory services to overcome the effects of the violation, such as:
Tutoring to make up for lost instruction
Additional counseling services
Compensatory education services
Changes to policies and procedures to prevent future violations
Training for staff on Section 504 requirements
Revision of the 504 Plan to prevent future incidents
The Bottom Line
Section 504 provides powerful protections for students with disabilities facing discipline:
Schools must discipline in a non-discriminatory manner without unnecessary different treatment or discriminatory effects
A significant change in placement (more than 10 consecutive days or a pattern of removals exceeding 10 days) triggers a Manifestation Determination Review
The MDR determines if behavior was caused by disability or failure to implement the plan
If behavior is a manifestation, the school cannot proceed with exclusion and must adjust services and supports
If behavior is not a manifestation, the student can be disciplined like peers, but still cannot face discrimination
Behavioral supports should be included in 504 Plans proactively to prevent discipline issues
Informal exclusions count toward the 10-day threshold
Parents have rights to notice, participation, records access, and due process
Understanding these protections ensures your child is not punished for disability-related behaviors and receives appropriate supports instead of exclusion. Discipline should be an opportunity to better understand your child's needs and provide appropriate services, not a reason to remove them from the education they're entitled to receive.
Next in this series: Your Parental Rights - Disagreements, Complaints, and Due Process
Previous article: Services and Accommodations Under Section 504
Concerned About How Your Child's Behavior or Discipline is Being Handled?
We can help you understand your rights and ensure discipline decisions comply with Section 504 protections. Learn more about our Special Education and Section 504 Advocacy Services or request a free consultation.
