Last week, the U.S. Department of Education, Office for Civil Rights (OCR), and Office of Special Education Programs (OSEP) issued numerous guidance documents on behavior support and discipline of students with disabilities. The U.S. Secretary of Education said that these documents are meant to be resources and provide information on federal protections against discrimination for students with disabilities. The Department also specifically noted and recognized the extraordinary challenges students, schools, and families have experienced based on the pandemic.
The guidance reminds public elementary and secondary schools of their obligations under Section 504 and the IDEA to provide the services, supports, interventions, strategies, and modifications to policies students with disabilities need to address any disability-based behavior, including behavior that could lead to discipline. The guidance explains that when schools issue discipline to students with disabilities, they must do so in a nondiscriminatory manner.
OCR and OSEP reiterate the expectation that schools must ensure they support students with disabilities (including specifically those with behavioral needs and mental health issues) and are mindful of the processes required to be completed before discipline can be meted out. The guidance also discusses that restraint and seclusion procedures can constitute disability discrimination, and notes that such procedures are disproportionately used on students with disabilities.
The guidance also strongly encourages that schools utilize culturally and linguistically responsive multi-tiered system of supports (MTSS), a comprehensive prevention framework designed to improve developmental, social, emotional, academic, and behavioral outcomes using a continuum of evidence-based strategies and supports.
It is important that administrators review the guidance documents to support compliance with ongoing legal requirements, and check current processes and procedures to support compliance with anti-discrimination laws.