In July 2022, the United States Department of Education Office for Civil Rights issued guidance on supporting students with disabilities and avoiding the discriminatory use of student discipline under Section 504 of the Rehabilitation Act of 1973. The purpose of this guidance is to remind schools of their obligations under the law specific to…

Education experts and political leaders frequently agree that in spite of many changes, American schools continue to remain in need of reforms that will expand the circle of opportunity for all children. Few such leaders, however, recognize young people themselves as a critical leadership constituency in effecting the needed reforms. Special…

Examines Federal special education legislation for limitations on the right of public schools to discipline handicapped students. Describes the case of Stuart v Nappi, in which the plaintiff successfully fought disciplinary expulsion from school based on her status as a special education student. (MJL)

Issues surrounding disciplinary exclusion of seriously emotionally disturbed children from public schools are addressed, along with applicable federal legislation, court cases, and Office of Civil Rights (OCR) opinions. Exclusion is defined as the removal from, or the prohibition of, participating in the public school program in part or entirety,…