District Must Hold Manifestation Hearing for Student with "Basis of Knowledge" of Disability

A 10th-grade student with ADHD and anxiety was expelled after being accused of attempting to buy marijuana at school. Although the student had never been found eligible for special education, the ALJ ruled that Anaheim Union High School District had a "basis of knowledge" that he might have a disability — based on concerns his teachers raised at a 504 plan meeting — and therefore should have held a manifestation determination hearing before removing him from his school. The District was ordered to conduct that hearing and return the student to his original placement after 45 days in the alternative setting.

What Happened

Student was a 16-year-old 10th-grader at Kennedy High School in the Anaheim Union High School District. He had never been found eligible for special education, but had a long history of anxiety and ADHD — diagnosed by his treating psychiatrist — that made school extremely difficult. In September 2011, Parent forwarded the psychiatrist's letter to the school and requested a 504 plan. The District held a 504 meeting, at which four of Student's teachers described his ongoing struggles: constant restroom breaks, inability to focus, disorganization, anxiety attacks, and a summer psychiatric hospitalization following a suicide attempt. The team developed a 504 plan with 14 accommodations. However, teachers later acknowledged that the plan only partially worked — Student continued to struggle, and it was largely Parent's daily intervention at home that allowed him to pass his classes.

In mid-February 2012, Student was accused of attempting to buy marijuana at school. The District suspended him and permanently moved him from Kennedy to a community day school. The District did not hold a manifestation determination hearing — a required legal process that asks whether a student's misconduct was caused by a disability — because it did not consider Student to be a special education student. Parent filed a due process complaint arguing that the District had enough information to know Student might have a disability, and therefore owed him the same disciplinary protections as any student with an IEP.

What the ALJ Found

The ALJ ruled in Student's favor on the central issue. Under the IDEA, a school district must provide special education disciplinary protections — including a manifestation determination hearing — to a student who has not yet been found eligible for special education, if the district had a "basis of knowledge" that the student might have a disability before the misconduct occurred.

The ALJ rejected the District's argument that "basis of knowledge" only applies when a student displays disruptive or maladaptive behaviors like property destruction or violence. Nothing in the law or federal regulations limits "pattern of behavior" to only that kind of conduct. Student's persistent anxiety, inability to focus, daily classroom exits, and the teachers' own descriptions of how these patterns blocked his access to education — all discussed directly with the assistant principal at the 504 meeting — were enough to put the District on notice.

The ALJ also rejected Parent's broader argument: that simply holding a 504 meeting is automatic ("per se") notice that a student may need special education. That rule would require manifestation hearings for every student with a 504 plan, which Congress did not intend. What mattered here was the specific, serious information the teachers shared at that particular meeting, combined with evidence that the 504 plan failed to resolve Student's difficulties in the months that followed.

Because the District moved Student to a community day school without a manifestation determination, it violated both Student's rights and Parent's right to participate in that placement decision — causing real harm to Student's education.

What Was Ordered

The District must convene a manifestation determination hearing for Student within 10 days of this Decision, or within 10 days of completing its pending assessment of Student — whichever comes later.
The District must return Student to his original placement at Kennedy High School once he has completed 45 days of actual school attendance at the community day school.
All other relief requested by Student was denied.

Why This Matters for Parents

A 504 plan meeting can create a "basis of knowledge" — but only if the information shared is serious enough. This case confirms that what teachers say at a 504 meeting matters legally. If your child's teachers describe significant, ongoing patterns of anxiety, inability to focus, or academic failure at a 504 meeting with an administrator present, that information may obligate the district to treat your child as a potential special education student in any future disciplinary situation.
If your child has never been found eligible for special education but faces expulsion or a major placement change, ask immediately whether the district has a "basis of knowledge" of a disability. Under federal law, students who have not been formally identified can still be entitled to a manifestation determination hearing. You do not have to wait until your child has an IEP to assert these rights.
A 504 plan that isn't fully working is important evidence. In this case, the fact that Student continued to struggle even after his 504 plan was put in place — and that only Parent's constant at-home help allowed him to pass his classes — strengthened the argument that the District should have known he might need something more than a 504 plan.
Simply having a 504 plan does not automatically guarantee IDEA disciplinary protections. The ALJ declined to adopt a blanket rule protecting every student with a 504 plan. What triggered the protection here was the combination of serious teacher concerns shared with an administrator, a history of psychiatric hospitalization, ongoing failure despite accommodations, and a documented pattern of anxiety affecting daily school functioning. Document all of this carefully in writing throughout the school year.

What Happened

What the ALJ Found

What Was Ordered

The District must convene a manifestation determination hearing for Student within 10 days of this Decision, or within 10 days of completing its pending assessment of Student — whichever comes later.
The District must return Student to his original placement at Kennedy High School once he has completed 45 days of actual school attendance at the community day school.
All other relief requested by Student was denied.

Why This Matters for Parents

A 504 plan meeting can create a "basis of knowledge" — but only if the information shared is serious enough. This case confirms that what teachers say at a 504 meeting matters legally. If your child's teachers describe significant, ongoing patterns of anxiety, inability to focus, or academic failure at a 504 meeting with an administrator present, that information may obligate the district to treat your child as a potential special education student in any future disciplinary situation.
If your child has never been found eligible for special education but faces expulsion or a major placement change, ask immediately whether the district has a "basis of knowledge" of a disability. Under federal law, students who have not been formally identified can still be entitled to a manifestation determination hearing. You do not have to wait until your child has an IEP to assert these rights.
A 504 plan that isn't fully working is important evidence. In this case, the fact that Student continued to struggle even after his 504 plan was put in place — and that only Parent's constant at-home help allowed him to pass his classes — strengthened the argument that the District should have known he might need something more than a 504 plan.
Simply having a 504 plan does not automatically guarantee IDEA disciplinary protections. The ALJ declined to adopt a blanket rule protecting every student with a 504 plan. What triggered the protection here was the combination of serious teacher concerns shared with an administrator, a history of psychiatric hospitalization, ongoing failure despite accommodations, and a documented pattern of anxiety affecting daily school functioning. Document all of this carefully in writing throughout the school year.