Our firm’s Toolbox Training is based on the regulations promulgated pursuant to IDEA, which govern how schools serve students with disabilities under that law.  However, the tools in the Toolbox are—for the most part—applicable also to those students who are covered by a plan under Section 504. The requirements of the two laws as they pertain to student discipline are largely parallel. But there are a few distinctions.

Last month the Department of Education’s Office for Civil Rights issued a 32-page guidance document entirely focusing on “Supporting Students with Disabilities and Avoiding Discriminatory Use of Student Discipline under Section 504.” 

If you are the 504 Coordinator for your district, this is a document you must study.   You can expect the OCR to take an aggressive approach in responding to complaints about school district compliance with these guidelines, so it would be a good idea for the Coordinator to study up and do some training with key staff in the district.  The lawyers at Walsh Gallegos are happy to help with that. We’re diving into this document in detail and will be ready to help you.

DAWG BONE:  YES, YOU MUST DO A MANIFESTATION DETERMINATION FOR THAT 504 STUDENT!

Got a question or comment for the Dawg?  Let me hear from you at jwalsh@wabsa.com. 

Tomorrow: the Ambassadors of First Impressions