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

August 8, 2023 5:07 pm

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).

For more information and to access the complete document,

Positive Supports for Behavior and Discipline

July 28, 2023 2:47 pm

Children with disabilities, particularly children of color with disabilities, are suspended and expelled from school at disproportionately higher rates than their peers – a trend that starts as early as preschool.  The negative impact of exclusionary discipline on a child’s short- and long-term outcomes is well documented. Exclusionary discipline’s negative impacts include decreased academic achievement and increased risk of entering the juvenile justice system. 

The U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS) and the OSERS Office of Special Education Programs (OSEP) released guidance that describes practices in early childhood and school programs that can be used to prevent and respond to interfering behavior. Schools and early childhood programs can use the guidance to support children with disabilities and address disparities in the use of exclusionary discipline.

For more information, visit: OSEP Ideas That Work

School Removal Procedures

October 8, 2021 11:11 am

RIDE has developed a flow chart to remind school leaders of the Procedures and Requirements related to student suspensions. This document should be shared with all school leaders, especially those involved in school discipline. It is important to remember the differing requirements for students in special education and those in general education. The document includes a flow chart for each, along with legal references and best practice suggestions. Families will also benefit from this information.

For more information, click Procedures and Requirements related to student suspensions.