Disabled students are generally subject to a school’s disciplinary codes.
Section 504 requires school districts to consider a student’s disability before disciplining the student under its generally applicable disciplinary policies. This includes considering whether it should exempt a disabled students from its disciplinary code and a requirement that public schools conduct manifestation reviews before suspending a student from more than ten consecutive days. This white paper reviews why a student’s disability does not necessarily mean the student is exempt from compliance with a school’s disciplinary policies or code of conduct; and discusses Section 504 and extracurricular athletics.
Agenda
Faculty
James P. Evans
Barclay Damon LLP
- Partner with Barclay Damon, LLP
- More than 25 years’ experience representing educational institutions, including K-12 and post-secondary institutions, in all facets of education law
- Represents numerous educational institutions, including private schools, charter schools and public school districts concerning all facets of education law, including student privacy
- Advises not-for-profit corporations regarding compliance issues and matters pertaining to education rights
- Has obtained significant experience representing parents, students and educational institutions regarding all facets of education law, including federal and state law compliance
- Adjunct professor of education at Le Moyne College, where he has constructed and taught a master's level course in education law for school administrators over the past nine years
- Frequent speaker and lecturer regarding school law education law and related matters
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