Discipline

When students face disciplinary action such as suspension, expulsion, or placement in an alternative school, the consequences can be devastating. All students have rights regarding discipline. Students with disabilities are protected even further, particularly if their behavior is a manifestation of their disability. In July 2022, the U.S. Department of Education Office of Civil Rights issued guidance to help schools to avoid the discriminatory use of student discipline. U.S. Secretary of Education Miguel Cardona stated, “Too often, students with disabilities face harsh and exclusionary disciplinary action at school. The guidance we’re releasing today will help ensure that students with disabilities are treated fairly and have access to supports and services to meet their needs – including their disability-based behavior.” In light of the prevalence of enduring student mental health issues associated with the pandemic, some students with disabilities are not receiving the supports and services necessary to address their educational needs, including their disability-based behavior. New resources include:

• Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 and an accompanying Fact Sheet.
• Questions and Answers Addressing the Needs of Children with Disabilities and the Individuals with Disabilities Education Act’s (IDEA’s) Discipline Provisions.
• Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders. And,
• A letter from Secretary Cardona to our nation’s educators, school leaders, parents, and students about the importance of supporting the needs of students with disabilities.

It is well-established that Black students, boys, and students with disabilities are more likely to be punished than other students. See chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.gao.gov/assets/gao-18-258.pdf.  See alsochrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://civilrightsdata.ed.gov/assets/downloads/Referrals_and_Arrests_Part5.pdf .  Black students with disabilities are the most likely to experience extreme forms of discipline.  See chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://civilrightsdata.ed.gov/assets/downloads/Discipline_of_Students_with_Disabilities_Part3.pdf  In 2023, the U.S. Education and Justice Departments took several steps to highlight unlawful discrimination they found when investigating complaints of mistreatment over the last three presidential administrations. The departments concluded that “[D]iscrimination based on race, color, and national origin in student discipline was, and continues to be, a significant concern.” While racial disparities in school discipline do not automatically violate federal laws that ensure fairness, there are many instances in which discrimination underlies these disparities. It is well established that Black students are not generally more likely to misbehave than other students, even after accounting for different socioeconomic backgrounds. Yet, adults are far more likely to punish Black students, and to punish them severely, when comparing similar conduct of their white peers.

If you face a disciplinary issue in either regular or special education, I will guide you through the process and develop an action plan with you that protects your child’s rights.