The Biden administration issued new school discipline guidelines
Tuesday aimed at cutting back on high rates of suspension and
expulsion for students with disabilities by clarifying rules that the
nation’s schools are required to follow.
https://www.washingtonpost.com/education/2022/07/19/school-discipline-special-ed-biden/
Federal officials called the guidance “the most comprehensive ever
released” on the civil rights of students with disabilities and said
it would help as schools continue to try to rebound from more than two
years of pandemic learning.

“This work is especially urgent now, as our schools and our students
and families continue to heal from the pandemic,” said Education
Secretary Miguel Cardona, pointing out that schools have struggled
with learning loss, disruption and a “sharp increase” in mental health
challenges.

“Exclusionary discipline, such as out-of-school suspensions, can
exacerbate these challenges — increasing stress that might lead to a
greater sense of social isolation and diminished academic
achievement,” he said.

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The release comes weeks ahead of the 2022-2023 school year and as many
schools have cited increased behavioral problems in classrooms last
year.

According to federal data, students served by the Individuals with
Disabilities Education Act represented 13 percent of school enrollment
across the nation but were handed nearly 25 percent of out-of-school
suspensions in 2017-2018, the most recent school year available.

The new guidance does not rewrite laws or regulations, but is a small
step in the right direction and sends a strong message to schools,
said Daniel Losen, director of the Center for Civil Rights Remedies at
UCLA. “These kids need a lot of supports, and to fail to acknowledge
their needs and suspend them is discriminatory,” he said.

Racial disparities in discipline are a continuing issue, federal
officials said. Among students with disabilities in middle school and
high school, 24 percent of Black students were suspended at least
once, compared with 11 percent of White students, according to a
report Losen and his colleagues authored. In 134 medium to large
school districts, at least 40 percent of Black secondary students with
disabilities were suspended at least once, Losen said.

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In Tuesday’s release, federal officials highlighted instances when
discipline goes wrong for students with disabilities. In some cases,
that means a suspension or other punishment because of behavior that
arises when they are not receiving the services, interventions and
other supports that schools are obligated by law to provide.

Other times, students may be punished for an offense related to a
student’s disability, the documents said. For example, the documents
said, a student whose Tourette’s syndrome causes her to sometimes
curse involuntarily should not get the usual after-school detention
for that infraction.

Racial disparities in school discipline are growing, federal data show

Students with disabilities can still be disciplined under the
guidance. Cardona said it would not compromise the safety or
well-being of staffers and other students. He said school leaders
should draw on federal funds that they received for pandemic recovery
to bolster student supports and increase professional learning for
staffers. More than $122 billion has been distributed to school
districts so far, he said.

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More than 8 million children in the United States receive
special-education services under the federal Individuals with
Disabilities Education Act — about 13 percent of all children in
elementary and secondary schools.

Federal officials drew up the first major discipline guidance —
affecting all students in the nation’s public schools — in 2014,
during the Obama administration. The guidance was scrapped in 2018,
during the Trump administration. A year ago, the Biden administration
announced it was reviewing the guidance, but it has not yet been
released.

Max Eden, a research fellow at the conservative American Enterprise
Institute, disputed data on the frequency and severity of suspensions
for students with disabilities, citing research published in 2019 and
a study of teachers’ views in 2019 by the Thomas B. Fordham Institute.
Pressuring school districts “will likely yield even more lenient
treatment, which may further disrupt and destabilize school
environments,” he said.


Others said the guidance could been more robust.

“This guidance offers some important affirmations of districts’
responsibilities to protect students with disabilities, but it doesn’t
go nearly as far as we need the administration to go to protect
students against the very real harms of the expanding and evolving
school police infrastructure,” said Katherine Dunn, of the Advancement
Project National Office, a nonprofit liberal racial justice
organization.

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सादर/ Regards

अविनाश शाही/ Avinash Shahi
सहायक/ Assistant
मानव संसाधन प्रबंध विभाग/ Human Resource Management Department
भारतीय रिजर्व बैंक/ Reserve Bank of India
लखनऊ क्षेत्रीय कार्यालय/Lucknow RO
विस्तार/ Extension: 2232

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