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Important OCR decision regarding disciplining Section 504 students

Recently, the U.S. Department of Education's Office for Civil Rights ("OCR") issued a letter of finding that will have an impact on school districts throughout the country. In Letter to Sacramento (CA) City Unified School District, OCR responded to several questions about disciplining students classified as disabled under Section 504 of the Rehabilitation Act of 1973.

In this letter, OCR confirmed that whenever a § 504 student is suspended from school for more than 10 school days in a school year, the school district must determine whether the underlying conduct was a manifestation of the student's disability. It is OCR policy that the exclusion of a § 504 student from his or her educational program for more than 10 consecutive school days, or 10 non-consecutive school days where a pattern of exclusion exists, constitutes a significant change in placement and thus requires a manifestation determination.

While there was never any doubt that the manifestation determination requirement applies to students classified as disabled under the Individuals with Disabilities Education Act, there has been a difference of opinion amongst authorities as to whether this requirement also applies to students classified as disabled under § 504. Based on OCR's recent letter, we now know that the manifestation determination requirement applies to § 504 students.

If you have a question about this or any other education law issue, please contact any member of Hodgson Russ's Education Law Practice Group.