AJE is excited to share this ED Review update from the U.S. Department of Education!

SUPPORTING STUDENTS WITH DISABILITIES

This week, the Department’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) released new guidance 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 resources reflect the concern, particularly in light of the prevalence of student mental health issues associated with the pandemic, that some students with disabilities are not receiving the supports and services necessary to address their educational needs, including their disability-based behavior.  The guidance makes abundantly clear that schools do not need to choose between complying with Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) and keeping their school community safe (press release and landing page).

Among the new resources:

·       A letter from Secretary Cardona to the nation’s educators, school leaders, parents, and students about the importance of supporting the needs of students with disabilities.

·       OCR’s “Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of theRehabilitation Act of 1973” letter and accompanying fact sheet.

·       OSERS’ “Addressing the Needs of Children with Disabilities and [IDEA’s] Discipline Provisions” letter and questions and answers and “Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders.”

In developing the guidance and resources, the Department drew from experience with administering and enforcing federal laws related to students with disabilities and considered information shared by the public in response to a June 2021 Request for Information (RFI) regarding non-discriminatory administration of school discipline.