Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 explains that Section 504 requires schools to provide behavioral supports and services to students with disabilities who need them in order to receive a FAPE.
“Today’s crucial guidance outlines how schools can effectively support and respond to behavior that is based on a student’s disability and could lead to student discipline, in addition to explaining schools’ civil rights responsibilities related to disability when administering student discipline” said Assistant Secretary for Civil Rights Catherine E. Lhamon. “We will continue to vigorously enforce federal civil rights laws to ensure that all students have equal access to educational opportunities. ”
The new guidance makes clear that providing the individualized services and supports required by Section 504 can help prevent or reduce disability-based behaviors that might otherwise lead to student discipline. Additionally, the guidance:
- Outlines how Section 504’s requirements to provide a FAPE apply to long-term disciplinary sanctions, such as out-of-school suspensions and expulsions.
- Explains Section 504’s general nondiscrimination requirements, in the context of discipline, which applies to school staff and to the conduct of everyone with whom the school has a contractual or other arrangement, such as security staff and school police.
- Makes clear that Section 504 requires schools to provide reasonable modifications to policies, practices, and procedures when necessary to avoid discrimination.
Section 504 does not prohibit a school from responding to emergency circumstances, such as contacting law enforcement or crisis intervention specialists, or from taking appropriate, nondiscriminatory steps to maintain safety and support students in learning how to be accountable for the impact of their actions on others.