School Discipline

Federal Guiding Principles for Discipline

The U.S. Department of Education issued guiding principles for discipline (March 2023) imploring schools to “treat students with dignity and respect” and to cease disproportionate use of exclusionary discipline. The document also lists federal resources to support these efforts. The five guiding principles are:

1. Foster a sense of belonging through a positive, safe, welcoming, and inclusive school environment;
2. Support the social, emotional, physical, and mental health needs of all students through evidence-based strategies;
3. Adequately support high-quality teaching and learning by increasing educator capacity;
4. Recruit and retain a diverse educator workforce; and
5. Ensure the fair administration of student discipline policies in ways that treat students with dignity and respect (including through systemwide policy and staff development and monitoring strategies).

The Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) released guidance to assist public elementary and secondary schools in meeting their responsibilities toward students with disabilities and preventing discriminatory discipline practices. These resources are the most comprehensive on the civil rights of students with disabilities in the context of student discipline and build upon the Department’s ongoing efforts to support schools and students during pandemic recovery.

The updated resources address concerns arising from the increased prevalence of mental health issues among students due to the pandemic. They emphasize that some students with disabilities may not be receiving the necessary supports and services to meet their educational needs, including those related to disability-based behavior.

The guidance clarifies that schools do not have to choose between complying with Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Individuals with Disabilities Education Act (IDEA) while ensuring the safety of their school community, including students and staff.

• Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 and an accompanying Fact Sheet.
• Questions and Answers Addressing the Needs of Children with Disabilities and the Individuals with Disabilities Education Act's (IDEA's) Discipline Provisions.
• Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders. And,
• A letter from Secretary Cardona to our nation's educators, school leaders, parents, and students about the importance of supporting the needs of students with disabilities.

School Discipline Information

Educators are responsible for implementing positive behavioral interventions, strategies, and supports, as well as positive academic and social learning opportunities to address student behavior when it impedes their learning or the learning of others. Below are several resources that can help to improve school discipline practices:

• Addressing Informal Removals of Students Experiencing Disability: A Guide for ESD, District and School Personnel and IEP Teams
• Crisis Lines and Behavioral Mental Health
  
• Counting Disciplinary Removals in Oregon
• Dear Colleague Letter on the Inclusion of Behavioral Supports in Individualized Education Programs
• Dignity in Schools Campaign: model code on education & dignity
• Discipline Flow Chart: discipline chart for special education students under IDEA
• Institute of Education Sciences (IES) National Center for Education Research (NCER)
  
• Manifestation Determinations as a Tool for Support: A Guide for Teams, School Administrators, and Educators
• National Center on Safe Supportive Learning Environments (NCSSLE)
• Oregon Educator Equity Lens: educator tool for considering how decisions and actions impact  racial equity and social justice in decision making, as exclusionary discipline disproportionately affects students from certain backgrounds
• Parent Center Resources on Positive Behavior Supports, Functional Behavioral Assessment, and School Discipline
• Positive Behavioral Interventions and Supports
  
• Re-Engaging with Success After an Exclusionary Discipline Event
• Resources for Schools to Use in Addressing Exclusionary Discipline, Including Informal Removals
• Understanding the Complexity of Student Behavior: An Empathetic Approach
• Using Data to Promote Equity in School Discipline

Resources

Information on the Discipline Incidents Data Collection.

Contact

Lisa Joy Bateman