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Module 5 IntroductionThis section offers guidance on the trends in disciplinary cases and complaint resolution pertaining to students with disabilities. It is a general guide to school personnel concerned with discipline issues and students with disabilities protected by Section 504 and the Americans with Disabilities Act (ADA). For students with disabilities receiving services through exceptional student education (ESE) programs, the district must follow the IDEA 2004 procedures related to discipline. Due to the lack of explicit guidance from the Office for Civil Rights (OCR), the following compilation is a review of the literature and practices regarding trends in the discipline of students with disabilities. It should be noted that the discipline of a student with a disability should be determined on a case-by-case basis. Individual cases and situations should be considered on their own merit and individual circumstances considered in all situations. What is important under Section 504 is that students with disabilities cannot be denied services based solely on their disabilities.
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