Supporting Students with Disabilities and Avoiding the Discriminatory Use ofStudent Discipline Under Section 504

On July 19, 2022, the Department of Education’s Office for Civil Rights (OCR) issued guidance called Supporting Students with Disabilities and Avoiding the Discriminatory use of Student Discipline under Section 504 of the Rehabilitation Act of 1973. This fact sheet summarizes the guidance.

The guidance reminds public elementary and secondary schools of their obligations under a Federal disability civil rights law, Section 504 of the Rehabilitation Act of 1973 (Section 504), to provide the services, supports, and interventions, strategies, and modifications to policies students with disabilities need to address any disability- based behavior, including behavior that could lead to discipline. The guidance explains that when schools do discipline students with disabilities, they must do so in a nondiscriminatory manner.