Q&A: IDEA Discipline Policy (Children with Disabilities)

The U.S. Department of Education (Department) is committed to ensuring that all children have access to a high-quality education provided in a safe, supportive, and predictable learning environment free from discrimination filled with healthy, trusting relationships; and one that ensures each child’s social, emotional, academic, and functional growth and development. For eligible children with disabilities, this commitment requires full implementation of Part B of the Individuals with Disabilities Education Act (IDEA). The Department is concerned that misapplying or, in some cases, not applying, the provisions found in IDEA, including the discipline provisions, has contributed to inappropriate exclusion, particularly for children of color with disabilities, and resulted in denying access to critical educational opportunities.

Key topics include removing a child with a disability from their current educational placement and the responsibilities of individualized education program (IEP) teams to address the behavioral needs of children with disabilities through the evaluation, reevaluation, and IEP development process to ensure the provision of a free appropriate public education (FAPE).

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