In addition to following the requirements and procedures set forth for all students in Policy 5610, if a student not otherwise identified under the IDEIA but determined to be disabled under Section 504 violates the Code of Conduct and is subject to suspension of more than ten (10) non-consecutive days that is a pattern of removal, as described below, or expulsion, a meeting of the student's 504 Team will be convened to determine whether there is a causal relationship between the behavior and the disability (i.e., the Team will conduct a manifestation determination review of the student's conduct). A causal relationship exists when the conduct in question is caused by or has a direct substantial relationship to the child's disability.

When a student with a Section 504 plan is suspended for more than ten (10) non-consecutive days, the Educational Service Center will determine whether the series of removals is a pattern of removal and, therefore, a significant change of placement requiring a manifestation determination review. In determining whether a series of suspensions each less than ten (10) days has resulted in the aggregate in a pattern of removal (and, therefore, a significant change of placement), the Center will consider whether the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in removals, the length of each removal, the proximity in time of the removals to one another, and the total amount of time the child is excluded from school. The Center will make this determination on a case-by-case basis, and will notify the parents of their right to challenge the determination through an impartial due process hearing that conforms with the procedural requirements of 34 C.F.R. 104.36.

Prior to conducting a manifestation determination, the Deputy Superintendent or shall verify that a recent evaluation is available for use by the Team to help them determine whether or not a causal relationship exists. If no recent evaluation is available, then one is to be completed prior to the conference.

If the 504 Team determines that there is no causal relationship between the behavior and the disability, the student may be suspended or expelled using the procedure described in AG 5610 – Suspension/Expulsion of Nondisabled Students. The 504 Team will also determine whether any additional evaluation of the child or modification of the 504 plan is necessary.

If the 504 Team determines a causal relationship exists between the behavior and the disability, then the student may not be suspended for more than ten (10) days in a school year or expelled. If the behavior is determined to be a manifestation of the student’s disability, the 504 Team will determine whether the student’s educational placement is appropriate and what, if any, modifications to that placement are necessary to provide the student with a free appropriate public education in accordance with 34 C.F.R. 104.33.

Emergency removal of a 504 student from his/her current placement may take place through parental agreement to an interim placement or through injunctive relief from a court, when the current placement presents a substantial likelihood of resulting in injury to the student or others.

Approved 2/26/07
Revised 1/09
Revised 6/15/12