JA Farms

The core protection: Manifestation Determination Review (MDR)

When a school disciplines a student with a disability (including a 504 plan, not just an IEP) in a way that amounts to a "change of placement" — and expulsion definitely qualifies, as does any removal exceeding 10 consecutive school days, or a pattern of shorter removals that add up to more than 10 days in a year — the school is required to hold a manifestation determination review before finalizing that discipline.
At the MDR, a team (usually including the parent, relevant school staff, and someone knowledgeable about the disability) must decide two things:
1) Was the conduct caused by, or did it have a direct and substantial relationship to, the child's disability?
Was the conduct a direct result of the school's failure to implement the 504 plan?

If the answer to either is "yes," the behavior is legally considered a manifestation of the disability. In that case, the school generally cannot expel the student for it. Instead, the school is supposed to:
1) Return the student to the placement they were in before the removal (unless everyone agrees otherwise), and
2) Conduct or review a functional behavioral assessment and put a behavior intervention plan in place (or revise an existing one).

Where ADHD comes in

ADHD-related impulsivity, difficulty with emotional regulation, or poor impulse control around social conflict is exactly the kind of thing an MDR team is supposed to weigh. If there's evidence the outburst was linked to the student's ADHD symptoms (documented history, evaluator input, how the 504 plan characterizes their needs), that's relevant to the "direct and substantial relationship" question. It doesn't automatically mean the statement gets excused — but it means the school can't just skip the analysis and expel.

Important limits and exceptions

Threats of violence are taken seriously procedurally even when a manifestation link exists — schools can still move a student to an interim alternative educational setting (up to 45 school days) in "special circumstances," which under IDEA explicitly include situations involving serious bodily injury, weapons, or drugs. A verbal threat alone doesn't automatically trigger that specific exception the way a weapon would, but schools sometimes treat serious threats similarly, and this is an area where the law is less crisply defined for 504-only students than for IDEA/IEP students.

504's procedural protections are somewhat less detailed in the statute/regulations than IDEA's (which has very explicit discipline provisions at 34 CFR §300.530 onward). Courts and OCR (Office for Civil Rights) have generally read 504 as requiring an equivalent process, but enforcement and clarity can be patchier.

The school must also give notice of the disciplinary action and the parent's procedural rights, and parents can request an expedited due process hearing if they disagree with the MDR outcome or the placement decision.

Practical next steps

Ask the school in writing whether a manifestation determination review was held before the expulsion decision was finalized. If not, that's a significant procedural problem.

Request the 504 plan and any behavior documentation to see if ADHD-related impulsivity was addressed.

Consider contacting a special education advocate or attorney, or filing a complaint with your state education agency or the U.S. Department of Education's Office for Civil Rights if the MDR process wasn't followed. which I believe it was not.

From the MM
The above is the result of the discussion with my son's therapist. I doubt if they followed the procedure.

I would like to see the look on their faces when you prove that youa re a lioness taking care of your babies rather than a dumb hick. (this is from my son).

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