Parents might think their children won’t be disciplined, suspended or expelled if they receive services through an Individualized Education Program (IEP) or a 504 plan, but they can. While students with IEPs or 504 plans can receive discipline for violating school policies, additional protection is available to these students.
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To qualify for a 504 plan, a student needs to meet a definition set out by law which has three parts. The student must have a physical or mental impairment that substantially limits one or more major life activities. Having an impairment alone doesn’t qualify a student for a 504 plan; there must be a substantial limitation in one or more life activities.
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OCR is planning to review and revise the Section 504 regulations. The current regulations have not been revised since 1977 and do not cover many situations children experience today.
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