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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 > Expulsion > Manifestation Meeting

The Discipline is:

an expulsion*.

Response:

In making a manifestation determination, 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 they 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.

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Statutes

  1. 34 C.F.R. 104.35(a)

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