New Discipline Guidance Released by Department of Education

In a joint release from the Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services on July 19th, the U.S. Department of Education (ED) provided guidance to support the behavioral needs of students with disabilities and avoid harsh and exclusionary disciplinary practices. The guidance arose from concerns that some students with disabilities experience discriminatory disciplinary practices rather than necessary supports and services. The guidance was compiled based on feedback solicited in 2021 and on OCR’s experience with enforcing Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA). It is intended to support schools and districts to remain in compliance with Section 504 and IDEA and support the educational and behavioral needs of students with disabilities. Secretary of Education Miguel Cardona emphasized that funding is available through the American Rescue Plan to support districts to “build capacity, provide professional learning opportunities for educators and school leaders, and hire additional staff.”

View a press release with guidance documents here.