LESSON 4 REQUIRED READING

Evaluation and Reevaluation in Discipline Decisions

Continue the federal Section 504 discipline guidance with particular attention to evaluations required before a disciplinary action results in a significant change in placement.

Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973

Open Required Reading →
READ FOR THESE IDEAS
  • When discipline triggers an evaluation requirement
  • What counts as a significant change in placement
  • How patterns of shorter removals are analyzed
  • What information the Section 504 team should consider
  • Why the timing of the evaluation matters
LOOK CLOSER

Details Hidden in the Evaluation Rules

The evaluation requirements in disciplinary situations contain several details that are easy to miss if teams focus only on a simple “10-day rule.”

01

“Manifestation determination” is guidance terminology under Section 504.

Section 504 regulations require an evaluation before a significant change in placement. The regulations themselves do not use the term “manifestation determination.” OCR uses that phrase in the guidance to describe this particular disciplinary evaluation.

Why it matters: Teams should not assume that every IDEA manifestation-determination procedure automatically applies identically under Section 504.
02

Ten days is not only about one long suspension.

More than 10 consecutive school days can constitute a significant change in placement, but a series of shorter, nonconsecutive removals may also do so when they create a pattern.

Why it matters: Teams need to monitor cumulative removals rather than resetting the analysis after every short suspension.
03

Patterns are not determined by arithmetic alone.

OCR identifies multiple factors relevant to whether shorter removals form a pattern, including the length of each removal, the proximity of the removals to one another, the total amount of time removed, and the nature of the behavior underlying the incidents.

Why it matters: Two students with the same number of removed days may not necessarily present the same placement-change analysis.
04

The evaluation must occur before the significant change is implemented.

A school should not first implement a disciplinary removal that constitutes a significant change in placement and then conduct the required evaluation afterward. In some situations, the school may need to expedite the evaluation process.

Why it matters: Timing is a procedural safeguard, not merely an administrative detail.
05

The team must use information from a variety of sources.

The team needs information sufficient to determine whether the behavior is based on the student's disability. Relevant information may include prior evaluations, the student's plan, teacher observations, parent information, behavioral data, and other relevant records.

Why it matters: A manifestation-related evaluation should not depend on a single test score, diagnosis, incident report, or staff opinion.
06

The information must be documented and carefully considered.

It is not enough for relevant information to simply exist somewhere in the student's file. The decision-making group must actually consider the information used in reaching the determination.

Why it matters: The quality of the decision-making process matters as much as having records available.
07

A procedural failure may require more than simply completing the evaluation late.

If a school implements a significant disciplinary change in placement without first completing the required evaluation, OCR explains that the school must correct the Section 504 violation and address the effects of that failure. Depending on the circumstances, remedies can include compensatory services.

Why it matters: The question becomes not only “What should the team do now?” but also “What educational harm resulted from the earlier failure?”
ACTIVITY 1 Sort the Evidence for the Evaluation

The school is considering a disciplinary removal that may constitute a significant change in placement. Sort each item into the category that best describes its role in the team's analysis.

Behavior Evidence

Information describing the conduct and its context.

Disability & Support Evidence

Information connecting the behavior to disability-related needs.

Removal Pattern Evidence

Information relevant to whether discipline changes placement.

Click a card, then click the category where you want to place it.

ACTIVITY 2 Match the Rule to the Situation

Match each situation with the Section 504 principle that is most directly implicated.

A student has been suspended for 3, 2, 3, and 3 days for very similar behavior over a six-week period.
The administrator wants the team to rely only on the suspension report when determining whether behavior is disability-related.
The school plans to begin an 18-day exclusion tomorrow and hold the evaluation meeting two weeks later.
The school proposes a 15-school-day suspension following one incident.
ACTIVITY 3 Put the Decision Process in Order

A school is considering discipline that may significantly change the placement of a student receiving Section 504 services.

Put the steps below into the most defensible order.

Determine whether the behavior was caused by or had a direct and substantial relationship to the student's disability.
Identify whether the proposed discipline may constitute a significant change in placement.
Use the team's determination to guide whether and how the proposed disciplinary action may proceed.
Gather, document, and carefully consider relevant information from a variety of sources before implementing the significant change.
ACTIVITY 4 · APPLIED ANALYSIS

Apply What You Learned

Analyze the situation below using the evaluation and reevaluation principles from this lesson. Support your recommendation with the information the team would need to consider.

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LESSON TAKEAWAY

Prioritizing Evaluation Before Disciplinary Changes

Strong decision-making requires teams to monitor removal patterns, gather information from multiple sources, examine the relationship between behavior and disability, and complete required evaluation procedures before implementing a significant disciplinary change.

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