Office of Civil Rights

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Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services released multiple guidance documents to help public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid the discriminatory use of student discipline. These newly released resources are the most comprehensive guidance on the civil rights of students with disabilities concerning student discipline, and include: (1) a 41-page guidance on avoiding the discriminatory use of student discipline under Section 504; (2) an accompanying fact sheet summarizing the main points of the guidance; (3) a 57-page Q&A regarding IDEA’s disciplinary provisions; (4) a 19-page technical assistance guide describing positive, proactive approaches to supporing the needs of children with disabilities; and (5) a letter from Secretary of Education Cardona to stakeholders. Read more about and connect with each document in CPIR’s abstract.

Know Your Rights in Charter Schools

On December 28, 2016, the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) at U.S. Department of Education released a set of guidance resources on the rights of students with disabilities in public charter schools under Section 504 and the Individuals with Disabilities Education Act (IDEA). The set of resources includes:

a jointly-issued Dear Colleague Letter,
several question-and-answer documents, and
a Know Your Rights fact sheet.

Dear Colleague Letter on Preventing Racial Discrimination in Special Education

The Office for Civil Rights (OCR) at the U.S. Department of Education issued a 25-page Dear Colleague Letter on Preventing Racial Discrimination in Special Education on December 12, 2016, to help ensure that all students, regardless of race, color, or national origin, have equitable access to high-quality general and special education instruction.

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