Module 8 — Discipline

This section offers guidance for school personnel on discipline issues related to students with disabilities protected by Section 504 and the Americans with Disabilities Act (ADA). 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. Note that the discipline of a student with a disability should be determined on a case-by-case basis, with the assistance of the school board attorney as appropriate. 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.

The following items will be covered in this section:

Background

Change in Placement

Manifestation Determination under Section 504

Drug and Alcohol Offenses

Weapons and Serious Bodily Injury Offenses

Transportation

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