In August, the Office of Special Education Programs (OSEP) released a “Dear Colleague” letter to school districts indicating concern over data that show students with disabilities are disciplined far more often than their peers without disabilities.
The 16-page document clarifies that the failure to consider and provide for needed behavioral supports through the IEP process is likely to result in a student not receiving a meaningful educational benefit or a Free and Appropriate Public Education (FAPE). The letter, organized into five areas, also provides alternatives to disciplinary removal. which schools can apply instead of exclusionary disciplinary measures.
Data indicate that students with disabilities are twice as likely to be suspended as students without disabilities, and short-term disciplinary removals from current placement strongly suggest that students with disabilities may not be receiving appropriate behavioral interventions and supports. OSEP issued the guidance in order to help schools keep these students in school, by providing individual and whole-school behavioral supports. The letter emphasizes that these supports might include “instruction and reinforcement of school expectations, violence prevention programs, anger management groups, counseling for mental health issues, life skills training, or social skills instruction.”
Along with the letter, the Department provided links to two earlier documents to help the IEP teams:
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