This three-part report demonstrates that a large subgroup of students with disabilities are not getting their needs met; describes the school experiences of these students in relation to exclusionary discipline, referral to law enforcement, and chronic absenteeism; and indicates how the pandemic is exacerbating pre-existing inequitable conditions. The report concludes with recommendations for federal policymakers.
Losen, D. J., Martinez, P., & Shin, G.H.R. 2021. Disabling Inequity: The Urgent Need for Race-Conscious Resource Remedies. The Center for Civil Rights Remedies at the Civil Rights Project, UCLA: Los Angeles, CA. https://www.civilrightsproject.ucla.edu/research/k-12-education/special-education/disabling-inequity-the-urgent-need-for-race-conscious-resource-remedies
This fact sheet summarizes key information from the Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 guidance document.
Office of Special Education Rehabilitative Services. 2022. Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 - Fact Sheet: https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-factsheet.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= (accessed September 16, 2022).
Guidance from the United States Department of Education Office of Civil Rights describes schools’ responsibilities under Section 504 to ensure nondiscrimination against students based on disability when imposing student discipline. Specifically, the guidance explains how compliance with Section 504’s requirement to provide a free appropriate public education (FAPE) to students with disabilities can assist schools in effectively supporting and responding to behavior that is based on a student’s disability and that could lead to student discipline. By using Section 504’s procedures to identify and meet the behavioral, social, emotional, and academic needs of students with disabilities as required for FAPE, schools can help prevent or reduce behaviors that might otherwise result in discipline. As the guidance explains, when schools do choose to administer discipline for students with disabilities, they must do so in a nondiscriminatory manner.
Office of Special Education Rehabilitative Services. 2022. Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-guidance.pdf?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= (accessed September 16, 2022).
