ERIC Number: ED405677
Record Type: Non-Journal
Publication Date: 1992-Sep
Discipline of Students with Handicaps in Elementary and Secondary Schools.
Office for Civil Rights (ED), Washington, DC.
This pamphlet describes requirements under Section 504 of the Rehabilitation Act of 1973 relating to the discipline of students with disabilities. Information is provided on the educational requirements of the legislation, the due process procedures, the suspension and expulsion of students with disabilities, and the reevaluation process required before suspension or expulsion. Suspension or expulsion for more than 10 consecutive school days constitutes a "significant change in placement" under Section 504 thus requiring a reevaluation of the student's placement to determine whether the misconduct in question is caused by the student's disability and whether the student's current placement is appropriate. Only if it is determined that the misconduct is not caused by the student's disability may the student be suspended or expelled in the same manner as students without disabilities. However, even in such cases, the Individuals With Disabilities Education Act (IDEA) requires states to continue to provide appropriate educational services to those students. The coverage of individuals with alcohol and drug addictions under Section 504 and the Americans with Disabilities Act is also explained. (CR)
Publication Type: Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Teachers; Practitioners
Authoring Institution: Office for Civil Rights (ED), Washington, DC.
Identifiers - Laws, Policies, & Programs: Rehabilitation Act 1973 (Section 504)