What Protections Do Students with 504 Plans Have Against Discriminatory Discipline?
Students with disabilities who qualify for a 504 Plan are entitled to protections under federal law that shield them from discriminatory disciplinary actions. In Maryland, public schools must follow both federal and state regulations that govern how disciplinary decisions are made and executed for students receiving accommodations.
Whether you're facing repeated exclusions, suspensions, or placement changes, it’s essential to know how the law protects a student’s right to a free, appropriate public education under special education guidelines.
At Advocates for the Voiceless, we are committed to standing up for students with disabilities who too often face unjust and unlawful discipline in schools.
With a dedicated legal presence in Maryland, Attorney Keli Cochran strives to make sure children with 504 Plans receive the protections they’re entitled to under federal and state law.
We understand how overwhelming it can be for families to understand school discipline policies, especially when they conflict with a student’s rights under Section 504. We’re here—to be your advocates, your partners, and your voice when your child’s education and dignity are at stake.
Let's look at the key protections available, relevant procedures, and what parents can do if a school mishandles discipline for a student with a 504 Plan.
What Is a 504 Plan and How Does It Relate to Special Education
Section 504 of the Rehabilitation Act provides civil rights protections for individuals with disabilities in programs receiving federal funding, including public schools. While the Individuals with Disabilities Education Act (IDEA) governs special education services and IEPs, 504 Plans address broader civil rights protections.
When a student has a disability that substantially limits a significant life activity, they may qualify for a 504 Plan and receive reasonable accommodations. Although a 504 Plan is not part of IDEA, schools must treat behavior arising from a disability differently.
For instance, if disciplinary action is proposed, schools must consider whether the conduct relates to the student’s disability or resulted from a failure to implement the accommodations outlined in the 504 Plan.
This distinction is important in the context of special education because it assures that students with disabilities are not disciplined for behaviors directly linked to their disability. In Maryland, state law mirrors these protections—disciplinary removals are subject to federal mandates, including manifestation determination reviews (MDRs) when appropriate.
How Short-Term Suspensions Apply
Under Section 504 and Maryland regulations, students can be suspended for up to 10 school days per year for misconduct—even if they have a 504 Plan—just as students without disabilities would be.
During suspensions of 10 days or fewer, schools generally may withhold services if similarly situated non-disabled students don’t receive services. A short-term suspension does not automatically trigger an MDR, unless it accumulates into a pattern of exclusion.
However, if multiple suspensions of fewer than 10 days begin to add up in a way that affects placement, the school must bring together the 504 team to determine if a “pattern of exclusion” exists. Factors considered include: duration of each removal, timing between events, total number of days excluded, and the similarity of behaviors prompting removal.
In these cases, families must understand how these disciplinary actions may intersect with special education rights, particularly when they result in significant disruptions to a student’s learning environment.
Manifestation Determination Review (MDR)
A central protection under both Section 504 and IDEA is the Manifestation Determination Review (MDR). Maryland law requires an MDR when disciplinary action would lead to removal for more than 10 school days or a change in placement. The 504 team must convene within 10 school days of the disciplinary decision to determine if:
The behavior was caused by, or had a direct and substantial relationship to, the student’s disability; or
The behavior was a direct result of the school’s failure to implement the 504 Plan.
If either condition is met, the behavior is considered a manifestation of the disability. In such cases, disciplinary removal must cease immediately, the student should return to their previous educational placement unless an exception applies, and the 504 Plan must be reviewed and revised, often including a functional behavior assessment and an update to the behavior intervention plan.
When Discipline Can Proceed and What Supports Must Remain
If the MDR concludes that the behavior was not related to the disability and the student’s accommodations were implemented correctly, then disciplinary procedures similar to those applied to students without disabilities can apply.
However, even in those cases, Maryland schools are generally required to continue providing a Free Appropriate Public Education (FAPE), especially during extended removals. For interim alternative educational settings or long-term suspensions, services must continue unless those services would not be required for nondisabled peers in equivalent situations. The 504 team still has a duty to monitor and review whether the accommodation delivery remains compliant.
This process reinforces the importance of understanding how disciplinary actions intersect with special education protections, safeguarding that a student’s right to appropriate educational access is not overlooked during extended disciplinary decisions.
Standard Procedural Safeguards Under Section 504
Students with a 504 Plan and their parents are entitled to certain procedural safeguards, providing due process and protections against arbitrary or discriminatory discipline:
Written notice of proposed disciplinary action
Opportunity to participate in manifestation determination meetings
Access to educational records and information relevant to disciplinary decisions
Right to an impartial hearing when disagreements arise
Ability to file a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR)
These safeguards give families meaningful recourse if a school bypasses protocols or fails to uphold a student’s rights under federal or state law.
A Quick Overview of Rights and Protections
The following key protections apply to students with 504 Plans facing discipline:
No harsher discipline than for nondisabled peers
Short-term suspensions (≤ 10 days) allowed, subject to review
MDR required for longer or cumulative removals that change placement
Review and possible revision of the 504 Plan and behavior interventions
Continuation of educational services unless explicitly exempted
Ability to appeal decisions through hearings or OCR complaints
These safeguards are designed to assure that disciplinary actions do not undermine a student’s right to equal access to education under Section 504.
How These Protections Play Out in Real-World Scenarios
Consider these examples where protections matter:
Repeated short-term suspensions: A student receives multiple two- or three-day suspensions. If they total more than 10 cumulative days, the 504 team must assess whether that pattern constitutes a significant removal. Without MDR, further removal could violate protections.
Misconduct tied to disability: A student with ADHD acts impulsively in class. An MDR finds that the behavior directly stems from the disability. The school must halt the suspension, return the student to class, and address the behavior through updated supports.
Accusation of policy failure: A parent points out that staff failed to implement accommodations, contributing to the student's behavior. An MDR team must investigate, and if the failure is confirmed, misconduct may be ruled non-disciplinary under the terms of the plan.
These scenarios highlight the importance of understanding and enforcing 504 Plan protections to make sure students are treated fairly and receive the support they need. Working with a qualified attorney can help families make sure schools follow these guidelines, prevent discriminatory discipline, and promote a more inclusive educational environment.
What Families Should Do If Rights Are Violated
If school officials sidestep required procedures or discipline improperly impacts a student with a disability, parents can:
Request a copy of the 504 Plan and disciplinary records
Demand an MDR meeting within the 10-day timeline
If the plan was not implemented, document the failure and request revisions
Request a due process hearing or file a written complaint with OCR
Seek legal advice if protections under federal or Maryland law were disregarded
Parents can also advocate for compensatory services, reversal of disciplinary actions, or updated behavior supports. This response helps preserve the student’s access to education and protects against future policy breaches.
Protect Your Child’s Educational Future Now
Students with 504 Plans have critical legal protections designed to make sure they’re treated fairly and receive the accommodations necessary for their education. At Advocates for the Voiceless, we are dedicated to helping Maryland families understand these laws and protect their children's rights against discriminatory discipline. If your child is facing disciplinary actions that may violate their 504 Plan protections, don’t hesitate to reach out. Attorney Cochran is here to support you every step of the way. Call today to learn how we can help protect your child’s future.
