Background

The Florida Department of Education has made school safety one of its highest priorities. The safety and discipline of students with disabilities is of major concern in this area. Some educators are under the misconception that current law prohibits disciplining students with disabilities. Others are unclear about the procedural safeguards afforded to students with disabilities and the flexibility that schools and districts have in disciplining them.

Regulations under the IDEA have provided increased flexibility to school districts in disciplining students with disabilities while preserving essential protections and rights afforded to them. IDEA and its regulations are mentioned here by reference because the OCR maintains a policy of reviewing IDEA and related case law by analogy in determining whether due process and other free appropriate public education (FAPE) standards have been met under Section 504 and ADA.

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MYTH: A student covered by Section 504 is not entitled to any special rules of discipline.

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