![]() ![]() The specific terminology protects students from being disciplined for behavior that is a “manifestation” of the student’s disability. Unlike Section 504, IDEA does include disciplinary protection for those students who are eligible for services under that statute. ![]() Is student behavior a manifestation of a disability?Īlthough Section 504 does not have specific statutory requirements for student discipline, courts across the nation have interpreted this statute as prohibiting the disciplining of students for behavior that is clearly linked to the student’s disability, since that would, in effect, amount to punishing them for having the disability. These protections make sense when you think about the antidiscrimination focus of Section 504. So, for example, a student could have a health problem that doesn’t make them eligible for special education under IDEA but does entitle them to accommodations under Section 504. When it comes to discipline, the rights and protections are parallel under IDEA and Section 504, but Section 504 applies these protections to a broader group of students. For those students who qualify under both statutes, special education services under IDEA satisfy the Section 504 requirements. It ensures a free and appropriate public education to students whose disabilities affect their education and who need services to make meaningful educational progress. IDEA is more expansive in terms of required services, yet more narrow in how it defines disability and determines student eligibility. Many students (particularly those with medical issues) are eligible for accommodations under Section 504 but not eligible for services under IDEA. Individuals who have an impairment, a record of impairment, or are perceived as having an impairment may receive accommodations to ensure equitable access to public services (29 U.S.C. Section 504 protects individuals from discrimination, exclusion, or denial of benefits from federally funded activities on the basis of a disability, which is broadly defined as an impairment that substantially limits one or more major life activities. States differ to some extent in their implementation of these statutes - and states and local districts may, of course, provide more expansive protections than those required under federal statutes - but certain general parameters are the same across the country. Schools committed to equity must be aware of this disproportionate impact as they develop and revise disciplinary policies.īut in addition to taking care that their policies are implemented fairly and equitably, schools must also take note of the additional procedures and protections that apply to students who are eligible for service under the Individuals with Disabilities Education Act (IDEA) or for accommodations under Section 504 of the Rehabilitation Act. Department of Education (2018) data indicate that students with disabilities are twice as likely to be disciplined as their nondisabled peers. Schools must have rules and procedures in place for disciplining all students, but as regards students with special needs, there are special considerations. ![]() The process for disciplining students with disabilities must take into account how their behavior relates to their disability.
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