Section 504 Online Introductory Tutorial

The requirement for school districts to conduct an “evaluation” in accordance with Section 104.35(b) of any qualified person with a disability prior to any subsequent significant change in placement is found in 34 CFR Section 104.35(a). If disciplinary actions constitute a significant change in placement, a school district must conduct a reevaluation of the student. In a disciplinary context, the reevaluation process is to include a determination of whether the misconduct is related to the student’s disability. This determination is made prior to implementing a disciplinary removal of more than ten (10) consecutive school days or a pattern of short-term removals that cumulate to more than ten (10) school days in a year that would constitute a significant change of placement. Under Section 504, however, there is an exception related to drug and alcohol offenses, which is addressed later in this section.

The requirement that the discipline review be made by a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options is found in 34 CFR Section 104.35(c). Per an April 1995 OCR memorandum to chief state school officers, “Questions and Answers on Disciplining Students with Disabilities,” parents must be given an opportunity to provide input into the manifestation determination, as persons uniquely knowledgeable about their child’s disability. As with any placement meeting, parental participation in the manifestation determination meeting is a practical and effective means of obtaining the information required by Section 104.35(c). Parents must be given notice of the results of the manifestation determination and of the available procedural safeguards.

Persons knowledgeable about the student may include the persons involved in the evaluation process or individuals who have sufficient knowledge regarding the student, the meaning of the evaluation data, and the placement options (34 CFR 104.35[c]). This knowledgeable group should determine whether the conduct in question was caused by or had a direct and substantial relationship to the student’s disability. If either of these standards is met, the group concludes that the behavior is a manifestation of the disability. In making this determination, the group takes into account the appropriateness of the student’s placement and whether educational aids and services or behavior intervention strategies in the student’s accommodation plan were provided.

If it is determined that the misbehavior is a manifestation of the disability, the student may not be expelled or suspended for more than ten (10) days. School officials should review the student’s current educational placement to determine appropriateness and if behavioral intervention strategies should be implemented. Changes in the student’s placement may be appropriate subject to applicable procedural safeguards (OSEP Memorandum 95-16).

A school district must establish and implement a system of procedural safeguards to be afforded parents or guardians before the district takes any action regarding the identification, evaluation, or educational placement of a student believed to be disabled.

Next: Click to proceed to Drug and Alcohol Offense.


Home Introduction Pre-test Module 1 Module 2 Module 3 Module 4 Module 5 Module 6 Module 7 Post-test Conclusion	Home > Module 5 Manifestation Determination The requirement for school districts to conduct an “evaluation” in accordance with Section 104.35(b) of any qualified person with a disability prior to any subsequent significant change in placement is found in 34 CFR Section 104.35(a). If disciplinary actions constitute a significant change in placement, a school district must conduct a reevaluation of the student. In a disciplinary context, the reevaluation process is to include a determination of whether the misconduct is related to the student’s disability. This determination is made prior to implementing a disciplinary removal of more than ten (10) consecutive school days or a pattern of short-term removals that cumulate to more than ten (10) school days in a year that would constitute a significant change of placement. Under Section 504, however, there is an exception related to drug and alcohol offenses, which is addressed later in this section. The requirement that the discipline review be made by a group of persons knowledgeable about the student, the meaning of the evaluation data, and the placement options is found in 34 CFR Section 104.35(c). Per an April 1995 OCR memorandum to chief state school officers, “Questions and Answers on Disciplining Students with Disabilities,” parents must be given an opportunity to provide input into the manifestation determination, as persons uniquely knowledgeable about their child’s disability. As with any placement meeting, parental participation in the manifestation determination meeting is a practical and effective means of obtaining the information required by Section 104.35(c). Parents must be given notice of the results of the manifestation determination and of the available procedural safeguards. Persons knowledgeable about the student may include the persons involved in the evaluation process or individuals who have sufficient knowledge regarding the student, the meaning of the evaluation data, and the placement options (34 CFR 104.35[c]). This knowledgeable group should determine whether the conduct in question was caused by or had a direct and substantial relationship to the student’s disability. If either of these standards is met, the group concludes that the behavior is a manifestation of the disability. In making this determination, the group takes into account the appropriateness of the student’s placement and whether educational aids and services or behavior intervention strategies in the student’s accommodation plan were provided. If it is determined that the misbehavior is a manifestation of the disability, the student may not be expelled or suspended for more than ten (10) days. School officials should review the student’s current educational placement to determine appropriateness and if behavioral intervention strategies should be implemented. Changes in the student’s placement may be appropriate subject to applicable procedural safeguards (OSEP Memorandum 95-16). A school district must establish and implement a system of procedural safeguards to be afforded parents or guardians before the district takes any action regarding the identification, evaluation, or educational placement of a student believed to be disabled. Next: Click to proceed to Drug and Alcohol Offense.

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© 2006, Florida Department of Education, Bureau of Exceptional Education and Student Services

Manifestation Determination