School Discipline

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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.

Manifestation Determination in School Discipline

At specific times, and for certain violations of the student code of conduct, IDEA’s discipline procedures require school systems to conduct what is known as a “manifestation determination review.” The purpose of this review is to determine whether or not the child’s behavior that led to the disciplinary infraction is linked to his or her disability. Manifestation determinations were first introduced into IDEA with the 1997 amendments.

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