Section 504: Manifestation Determination

Under Section 504 of the Rehabilitation Act, the process for manifestation determination shares some similarities with the IDEA but focuses more broadly on whether the student's behavior is a result of their disability, which ensures non-discriminatory treatment.

Here's how the manifestation determination process typically unfolds under Section 504:

1. Timing: Like IDEA, the manifestation determination review under Section 504 should occur promptly after a decision is made to significantly change the placement of a student due to disciplinary action. This is often interpreted as within 10 school days.

2. Participants:

   • 504 Plan Coordinator: Often leads the meeting.

   • Parents: Are critical participants in the process.

   • Relevant Members of the Student’s 504 Plan Team: This includes educators who understand the student, the meaning of the evaluation data, and the placement options.

3. Review Process:

   • The team reviews all relevant information in the student’s file, including the 504 plan, evaluations, observations by teachers, and any other information provided by the parents.

   • The team assesses whether the behavior in question was caused by or had a direct and substantial relationship to the student’s disability.

   • The team also considers whether the behavior was the direct result of the school’s failure to implement the 504 plan properly.

4. Outcomes:

   • If the Behavior Is a Manifestation of the Disability: The student should continue in the current educational placement, or if necessary, the team should consider whether the student needs a different placement or modifications to the existing 504 plan. Disciplinary measures that exclude or segregate the student cannot typically be applied.

   • If the Behavior Is Not a Manifestation of the Disability: The student may be disciplined in the same way as students without disabilities, which might include suspension or expulsion, provided that the educational rights afforded to students with disabilities under Section 504 are still respected (e.g., continuing educational services).

5. Special Considerations:

   • Section 504 covers a broader range of disabilities than IDEA and can include any disability that significantly impacts one or more major life activities, which may affect the considerations during the manifestation determination.

   • Even if the behavior is not found to be a manifestation of the disability, schools must still ensure that any disciplinary measures do not discriminate against the student based on disability and that the student continues to receive a free appropriate public education (FAPE).

The manifestation determination under Section 504 is crucial for protecting the rights of students with disabilities and ensuring they are not improperly disciplined for behavior related to their disability.