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(8.28) Has the U.S. Department of Education published any guidance on issues relating to discipline of children with disabilities?

(8.28) Has the U.S. Department of Education published any guidance on issues relating to discipline of children with disabilities?

Yes, in 2022, the U.S. Department of Education issued new guidance in order “to support the implementation of IDEA’s discipline provisions in a way that upholds the law’s promise of equality of opportunity”. The guidance is not new law. Rather, it is an attempt by the federal government to reaffirm its commitment to what it describes as “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.” The guidance is largely a restatement of the existing laws and regulations, but it provides strong support to advocate for faithful implementation of the legal safeguards. The following are highlights from this guidance. An attempt is made to use the Department’s own statements as much as possible.