Drug and Alcohol Offenses

The illegal use of drugs is not included in the definition of a student with a disability under Section 504; therefore, current illegal drug users are excluded from Section 504 disciplinary protections. A student with alcoholism (which, for purposes of this issue, is defined as a student addicted to the use of alcohol) may meet the definition of a student with a disability under Section 504 and be eligible for protection and services. Nevertheless, that protection does not provide immunity for use of alcohol in violation of the district’s Student Code of Conduct.

Section 504 allows districts to apply the same disciplinary consequences for students with disabilities who are currently using drugs or alcohol as would be applied to students without disabilities. If a student with a disability under Section 504 is currently engaged in the illegal use of drugs or alcohol, the district may take disciplinary actions consistent with the district’s Student Code of Conduct. No manifestation determination or due process procedures are required.

Possession of drugs or alcohol does not result in loss of protection unless the student is currently using. A student with a disability who is not currently using drugs or alcohol who commits a drug or alcohol offense is afforded Section 504 protections, including the right to a manifestation determination (29 USC §705(20)(C)(iv)).

A person with a disability who formerly used drugs illegally is protected under Section 504 and ADA if not currently engaging in illegal use of drugs. The person is protected if the individual has successfully completed a supervised rehabilitation program and is no longer engaging in drug use or the person is participating in a supervised rehabilitation program and is not engaging in such use (29 USC §705(20)(C)(ii)).

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MYTH: A student whose disability affects behavioral control can never be suspended or expelled.

Next: Click to proceed to Weapons and Serious Bodily Injury Offenses.