What is the current guideline for administrators regarding disciplinary violations for students with disabilities?

Utilizing individualized discretion for disciplinary violations is essential for ensuring that students with disabilities are treated fairly and consistently in accordance with the Individuals with Disabilities Education Act (IDEA). This approach acknowledges that students with disabilities may have unique needs and circumstances that should be considered when determining appropriate disciplinary actions.

Under IDEA and related laws, such as Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, it is recognized that students with disabilities should not be subjected to the same disciplinary measures as their non-disabled peers without consideration for their specific situations. For instance, if a behavior directly related to a student’s disability leads to a violation, administrators must look at interventions and supports rather than punitive measures alone. This tailored approach promotes educational equity and is intended to offer interventions that help the student learn and grow from the incident, rather than solely focusing on punishment.

Discipline policies that rely solely on rigid measures, such as zero tolerance, or exclude students from all activities fail to accommodate the individual needs of students with disabilities. Similarly, following federal guidelines exclusively without taking into account the unique context and needs of each student can lead to inappropriate disciplinary responses. By using individualized discretion, administrators can ensure that their responses are not only compliant with legal requirements but also just and supportive of