Aligning Discipline Policies and Procedures with Section 504: A Guide for School and District Leaders

As a school or district leader, you strive to maintain a secure, respectful, and inclusive environment conducive to learning. A vital part of fostering such an atmosphere lies in crafting fair and effective discipline policies and procedures. This process must take into account federal civil rights laws, particularly Section 504 of the Rehabilitation Act of 1973, as enforced by the Office for Civil Rights (OCR) of the U.S. Department of Education.

Understanding Section 504

Section 504 is a civil rights law designed to eliminate disability discrimination in programs and activities that receive federal financial assistance, including public schools. It assures that students with disabilities have educational opportunities and benefits equal to those provided to students without disabilities. To qualify, a student must have a physical or mental impairment that substantially limits one or more major life activities.

Section 504 and Discipline

When it comes to discipline, Section 504 carries important implications. A student with a disability under Section 504 has the right not to be discriminated against due to their disability, even when facing disciplinary action. These rights are further enhanced by the Individuals with Disabilities Education Act (IDEA), which ensures students with disabilities are provided with Free Appropriate Public Education (FAPE).

Implications for Discipline Policies and Procedures

Non-Discriminatory Discipline:

Section 504 prohibits schools from implementing disciplinary measures that treat students with disabilities more harshly solely due to their disability. Therefore, schools must design discipline policies that are fair, consistent, and non-discriminatory, considering the unique needs and circumstances of each student.

Manifestation Determination:

Before implementing a significant change in placement (e.g., expulsion or suspension exceeding ten consecutive school days), schools must conduct a Manifestation Determination Review (MDR). The MDR determines whether the misconduct was caused by, or directly and substantially related to, the student’s disability or was a direct result of the school’s failure to implement the student’s 504 Plan. If so, the student cannot be subjected to the disciplinary action, and a change in educational placement can only occur if the parents agree or a hearing officer orders a change.

Individualized Discipline:

Policies should accommodate the unique needs of students with disabilities. A one-size-fits-all approach to discipline can inadvertently discriminate against students whose disability-related behaviors might be misconstrued as misconduct.

Procedural Safeguards:

Parents have a right to be notified about disciplinary actions involving their child and to challenge those decisions if they believe they are discriminatory. Schools must provide these procedural safeguards in writing to ensure that parents are fully informed.

Understanding Manifestation Determination Reviews

A Manifestation Determination Review (MDR) is a procedure required by Section 504 whenever a school considers a significant change in placement, such as a long-term suspension, expulsion, or series of suspensions that total more than 10 school days in a school year, for a student with a disability. The purpose of the MDR is to determine if the student’s misconduct is a manifestation of their disability.

• Outcomes of an MDR: If the behavior is determined to be a manifestation of the student’s disability, the student cannot be suspended, expelled, or have their placement significantly changed. The 504 team may need to reassess the student’s 504 Plan to ensure it adequately addresses the student’s needs. If the behavior is not a manifestation of the student’s disability, the school may apply the same disciplinary procedures that apply to students without disabilities, but must continue to provide a Free Appropriate Public Education.

• Appealing MDR Decisions: If parents disagree with the outcome of the MDR, they have the right to challenge the decision through an impartial hearing or a complaint to the OCR.

The MDR is a crucial safeguard in the discipline process for students with disabilities. It ensures that schools do not unfairly punish students for behaviors that are a direct result of their disability and prompts a review of the student’s 504 Plan when necessary. Understanding and effectively conducting MDRs can significantly contribute to creating fair and inclusive disciplinary policies and procedures.

Suspending Students with Section 504 Plans

Suspension of a student with a 504 Plan must be handled with careful consideration. As previously mentioned, Section 504 protects students from discrimination based on their disability, and this includes disciplinary actions such as suspension.

• Short-term Suspensions: Generally, schools can suspend students with disabilities for up to 10 school days in a school year without providing services, just as they would for students without disabilities. However, it’s essential that these suspensions are not applied in a discriminatory manner.

• Series of Short-Term Suspensions A series of short-term suspensions (i.e., suspensions that are each 10 days or fewer) for separate incidents of misconduct could be considered a pattern of removal or a change in placement if the suspensions accumulate to more than 10 school days in a year. The determining factors include the length of each suspension, the total amount of time the student is removed, and the proximity of the suspensions to one another. If the suspensions constitute a change in placement, a Manifestation Determination Review (MDR) should be conducted.

• Long-term Suspensions If a student with a disability is to be suspended for more than 10 consecutive school days, this would be considered a significant change in placement. In these cases, the school must conduct an MDR to decide if the student’s behavior was a manifestation of their disability. If the behavior is determined to be a manifestation of the student’s disability, the school cannot proceed with the suspension.

• Services During Long-term Suspension If the behavior is not a manifestation of the student’s disability, the school may apply the relevant disciplinary procedures applicable to all students. However, under Section 504, even during a long-term suspension, students must be provided with a Free Appropriate Public Education (FAPE). The specific educational services to be provided must be determined by the student’s 504 team.

In conclusion, suspending students with disabilities carries additional responsibilities and requirements. Schools must ensure that they are not discriminating against students with disabilities and that they continue to provide a Free Appropriate Public Education, even during periods of suspension. But what about in-school suspensions? Of course, let’s discuss the issue of in-school suspensions for students with Section 504 Plans.

In-School Suspensions for Students with Section 504 Plans

In-school suspensions (ISS) involve removing a student from their regular classroom while still providing them with an opportunity to complete school work in a supervised setting within the school. The application of ISS for students with disabilities is a complex issue under Section 504.

As a general rule, the same non-discrimination principles apply to ISS as with out-of-school suspensions. However, there are unique considerations to note:

Counting In-School Suspensions: An in-school suspension does not count as a day of suspension as long as the student continues to receive the services specified in their 504 Plan, and the student can continue to participate with nondisabled students to the same extent they would have in their current placement.

Provision of Services: If the student is not provided with these services during an ISS, it could be considered a change in placement, triggering the need for an MDR. As such, it’s essential that the school ensures all services detailed in the student’s 504 Plan are made available during the ISS.

Repeated In-School Suspensions: Repeated in-school suspensions, even if services are provided, could constitute a pattern of exclusion and a change of placement, particularly if they result in the student not receiving a meaningful educational benefit. Therefore, repeated ISS, just like a series of short-term out-of-school suspensions, could trigger an MDR.

Schools must approach in-school suspensions for students with Section 504 Plans thoughtfully. Providing all services outlined in a student’s 504 Plan and avoiding a pattern of repeated ISS will help ensure compliance with Section 504’s requirements.

The Office for Civil Rights Role

The OCR plays an instrumental role in enforcing Section 504. Schools are required to have a designated Section 504 Coordinator to ensure compliance. The OCR provides resources, guidance, and training to help schools and districts understand and comply with Section 504 and other federal civil rights laws.

In conclusion, when developing your school or district’s discipline policies and procedures, it is critical to be well-informed about Section 504 and other related federal regulations. In this way, you can maintain a fair, inclusive, and lawful educational environment for all students.

Remember, creating a culture of respect and inclusivity in your schools is not only about meeting legal obligations. It is also about nurturing a learning environment where every student has the opportunity to thrive, regardless of their unique needs and circumstances.

Discipline Prevention

While it’s essential to have fair and inclusive discipline procedures, preventative measures can often be more impactful in creating a supportive, inclusive educational environment. Here are some strategies and supports to help reduce incidents of discipline for students with Section 504 Plans:

1. Comprehensive and Individualized 504 Plans: A well-crafted 504 Plan that comprehensively addresses a student’s unique needs is the first step towards preventing disciplinary issues. This includes outlining specific accommodations and modifications that help the student manage their behavior and perform well academically. Review these plans regularly and revise them based on the student’s changing needs.

2. Positive Behavior Interventions and Supports (PBIS): PBIS is a proactive approach that establishes the behavioral supports and social culture needed for all students in a school to achieve social, emotional, and academic success. It has been shown to reduce disciplinary incidents and improve school climate. It can be particularly beneficial for students with disabilities by providing them with positive strategies to manage their behavior.

3. Social-Emotional Learning (SEL): SEL programs aim to develop students’ skills in understanding and managing emotions, setting and achieving positive goals, feeling and showing empathy for others, establishing and maintaining positive relationships, and making responsible decisions. SEL can play a significant role in preventing behavior that might lead to disciplinary action.

4. Restorative Justice Practices: Restorative justice is a strategy that seeks to repair relationships that have been damaged, including those damaged through bullying. It does so by focusing on the needs of the individuals harmed, holding those responsible accountable for their actions and engaging the community in the resolution process. These practices can reduce punitive disciplinary actions and promote a more harmonious school climate.

5. Professional Development for Staff: Educate school staff about the unique challenges students with disabilities may face and train them to implement the accommodations detailed in students’ 504 Plans. This can improve understanding and empathy among school staff and reduce unnecessary disciplinary actions.

6. Regular Communication with Parents: Engaging parents in regular communication can help schools to address issues before they escalate to disciplinary incidents. Parents can provide valuable insights about their child’s behaviors and contribute to devising effective strategies to manage them.

7. Student Counseling and Support Services: Provide students with disabilities with access to counseling and other support services. Mental health professionals can provide strategies for students to manage their behavior more effectively.

By implementing these strategies and supports, schools can significantly reduce disciplinary incidents involving students with disabilities and create a more inclusive and supportive educational environment. Remember, the goal is to help all students, regardless of their disabilities, to succeed academically and socially.

Embracing Inclusion and Fairness in Discipline

Crafting an effective, fair, and legally compliant discipline policy requires thorough understanding and careful consideration of legislation like Section 504. For students with disabilities, the impact of disciplinary actions can be profound and long-lasting, making it imperative for schools to handle each case with the highest level of care and attention.

Under Section 504, the protection of students with disabilities extends to disciplinary actions including both out-of-school and in-school suspensions. Ensuring non-discriminatory application of discipline, conducting Manifestation Determination Reviews for significant changes in placement, and continuing to provide a Free Appropriate Public Education during periods of removal are crucial components of a compliant policy.

However, your work does not stop at mere compliance. Preventative measures to reduce incidents of discipline among students with disabilities is a first step in reducing incidents of discipline among your special education population. Through comprehensive and individualized 504 Plans, Positive Behavior Interventions and Supports, Social-Emotional Learning, Restorative Justice Practices, professional development for staff, regular communication with parents, and the provision of student counseling and support services, we can create an environment that not only reduces the need for discipline, but also fosters academic and social success for all students.

By weaving together these threads of legislation, practical considerations, and proactive support strategies, you can shape a school environment that is fair, inclusive, and conducive to learning for everyone. Our ultimate goal should always be to ensure that every student feels valued, understood, and equipped to thrive, regardless of their unique needs and circumstances.

As school and district leaders, you have the ability to positively impact students’ lives. By creating thoughtful discipline policies, you can help cultivate a culture of respect, understanding, and inclusivity that extends far beyond the school gates.