U.S. Department of Education Issues Guidance Documents Concerning the Rights of Students with Disabilities in Connection with Student Discipline

Today, the Department of Education issued guidance documents concerning the rights of students with disabilities in connection with student discipline. The Office for Civil Rights issued Supporting Students with Disabilities and Avoiding the Discriminatory Use of Discipline under Section 504 of the Rehabilitation Act of 1973, which explains the nondiscrimination requirements that public elementary and secondary schools must follow with regard to the discipline of students with disabilities under Section 504. OCR also issued a fact sheet with a brief overview of the guidance. In addition, the Office of Special Education and Rehabilitative Services issued Questions and Answers Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions, which explains requirements that state educational agencies and public elementary and secondary schools must follow with regard to the discipline of students with disabilities under the Individuals with Disabilities in Education Act (IDEA). OSERS also issued a technical assistance document, Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders.

Letter from Secretary Cardona