Due Process for Students with an IEP or 504 Plan

Information about IDEA, IEPs, and 504 Plans is at www.tusd1.org/Departments/Exceptional-Education.

Students with disabilities under Section 504 or IDEA (and students suspected of having a disability) may be disciplined in the same manner as any other student and may be suspended for up to 10 cumulative days of school per school year. If a suspension beyond 10 cumulative days is contemplated, special procedures must be followed. A manifestation determination conference must be held by the 10th day of suspension, but should happen as soon as possible based on parent/guardian/staff availability.

If the manifestation determination concludes that the student's behavior is a manifestation of the student's disability, then no further disciplinary action can be taken. The 504 or IEP team should convene to develop an appropriate behavior plan for the student. If the manifestation determination conference concludes that the student's behavior  is not a manifestation of the student's disability, a hearing officer may impose whatever long-term suspension or expulsion policy allows. The District has no obligation to continue to provide educational services to a 504 student pursuant to the 504 accommodation plan during the period of a long- term suspension or expulsion. However, the District must continue to provide educational services for students eligible under IDEA. A student with a disability under IDEA may be referred to  an Interim Alternative Educational Setting in circumstances involving the use or possession of drugs, weapons, or serious bodily injury.

Tucson Unified School District