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School Discipline of Minnesota Students with Disabilities - Parent Information

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My Child Is on a Section 504 Plan

: Intro > IEP/504/None > Discipline > Out-of-School Suspension > Greater Than 10 Consecutive or Constitutes a Pattern of Removals

The Discipline is:

an out-of-school suspension* that exceeds a total of 10 consecutive school days* or exceeds 10 school days when combined with other out-of-school suspensions this school year and constitutes a pattern of removals.

Response:

A manifestation determination* meeting must then be held by a group of persons knowledgeable about your child, the meaning of the Section 504 evaluation data, and the placement options to decide whether your child’s behavior was caused by or had a direct and substantial relationship to his or her disability.

In making this decision, the team should consider all relevant information, including:

  • your child’s complete educational record
  • a current evaluation, including diagnostic results or other relevant information supplied by you
  • your child’s Section 504 Plan* and placement, including information on whether the plan or placement were appropriate and implemented.

Tip: Section 504 requires that a child be re-evaluated before any change in placement, including a disciplinary change of placement.1 You should request such a re-evaluation in writing. Unless you agree otherwise or the behavior in question involved the use of illegal drugs, or alcohol, your child should remain in his or her current placement until the re-evaluation is completed. However, unlike the IDEA, there is no explicit “stay put” entitlement under Section 504 that parents can assert to ensure their child remains in the current educational placement.

Options:

If the behavior involved the use of drugs or alcohol or the behavior involved possession and the school can establish that your child is currently using drugs or alcohol, the protections of Section 504 do not apply and your child may be disciplined the same as a student without a disability. However, the district must provide alternative educational services to the extent a suspension or expulsion exceeds five consecutive school days.2 

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Provided the behavior did not include drug or alcohol use, a manifestation determination* meeting must then be held by a group of persons knowledgeable about your child, the meaning of the Section 504 evaluation data, and the placement options to decide whether your child’s behavior was caused by or had a direct and substantial relationship to his or her disability.

Continue to the manifestation determination section >>>

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