In this technical assistance document (a companion to the Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions, which outlines the legal requirements related to behavior support and discipline for eligible students with disabilities under IDEA), the U.S. Office of Special Education Programs (OSEP) provides information about resources, strategies, and evidence-based practices that (while not required by law) can help States, LEAs, schools, early childhood programs, educators, and families in their efforts to meet IDEA requirements and, in doing so, improve outcomes for children with disabilities.
Guide to Positive, Proactive Approaches
From the US Departments of Education and Health and Human Services:
ED and HHS have frequently collaborated to assist agencies in improving and aligning their policies and programs to better serve students in foster care. In June 2016, following the reauthorization of the ESEA, ED and HHS released joint non-regulatory guidance (2016 guidance) on the implementation of the Title I educational stability provisions. This guidance was developed to guide State educational agencies (SEAs), local educational agencies (LEAs), and child welfare agencies in their collaborative efforts to fully implement the Title I educational stability provisions.
This 2024 Guidance supercedes the 2016 joint guidance.
Guidance
The U.S. Department of Education’s Using Functional Behavioral Assessments to Create Supportive Learning Environments guidance is designed to help schools and early childhood programs better support students’ behavioral needs. This guidance focuses on evidence-based practices to support students, with or without disabilities, whose behavior interferes with learning, and is part of the Department’s effort to reduce exclusionary discipline.
An FBA can help with understanding the function and purpose of a child’s specific, interfering behavior and factors that contribute to the behavior’s occurrence and non-occurrence for the purpose of developing effective positive behavioral interventions, supports, and other strategies to mitigate or eliminate the interfering behavior.
The guidance, developed by the Office of Special Education and Rehabilitative Services (OSERS) and the Office of Elementary and Secondary Education (OESE), provides educators and families with information, tools, and resources to support the broader use of FBAs and behavioral plans for students with and without disabilities. The guidance describes an FBA, addresses common characteristics of an FBA and behavioral plans, explains how FBAs can inform instructional strategies, identifies guiding principles to support effective development and implementation, highlights federal funding sources for educator training related to FBAs, and provides technical assistance resources to support implementation.
FBA Guidance
These three fact sheets, published in June 2024, offer specific guidance on Section 504 of the Rehabilitation Act protections for students with Sickle Cell Disease, Cancer and Epilepsy.
The fact sheets include information on how the conditions may impact the student’s experience in school, what might a school need to do to address a student’s condition, and remedies if the school is not meeting its obligations.
Four additional fact sheets were published in December 2024 for students with Migrane, Inflammatory Bowel Disease (IBD), Narcolepsy and students who Stutter.
Sickle Cell fact sheet
Epilepsy fact sheet
Cancer fact sheet
Stutter fact sheet
Narcolepsy fact sheet
Migrane fact sheet
Inflammatory Bowel Disease fact sheet
Clarifications from the US Office of Special Education Programs and the Virginia Department of Education in spring 2023 that clarifies responsibilities of schools to allow a parent or caregiver to request an initial evaluation of child suspected of having a disability. Response to Intervention (RTI) and Multitiered Systems of Supports (MTSS) cannot be used to delay or deny an initial evaluation.
3/14/23 Federal clarifications including links to two earlier memoranda
4/21/23 Virginia Superintendents' Memo
This federal letter from the US Office of Special Education and Rehabilitative Services issued 11/10/22 to State Special Education Directors clarifies requirements for highly mobile children and youth such as military-connected children, migratory children, children who are homeless, and children in the foster care system.
Specific issues addressed are:
From the US Office of Special Education programs, this set of guidance Questions and Answers addresses special education (Individuals with Disabilities Education Act or IDEA) requirements applicable to children with disabilities placed by their parents or caregivers in private schools, who are not enrolled in public school system.
This was updated in February 2022.
Q & A guidance
Released on July 19, 2022, the US Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) published several policy documents and guides to help public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid the discriminatory use of student discipline.
The resources are the most comprehensive guidance on the civil rights of students with disabilities concerning student discipline and build on the Department’s continued efforts to support students and schools through pandemic recovery.
Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA's Discipline Provisions from OSERS
Stakeholders' Guide: Positive, Proactive Approaches to Supporting Children with Disabilities from OSERS
Dear Colleague Letter: Addressing the Needs of Children with Disabilities and IDEA's Discipline Provisions
Dear Colleague Letter: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973
Fact Sheet: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline Under Section 504 of the Rehabilitation Act of 1973
A Question and Answer guidance document from the Office of Civil Rights, US Department of Education that addresses how the Americans with Disabilities Act amendments of 2008 impact students with disabilities. This particularly impacts students who have a 504 plan or are eligible for protections under Section 504 of The Rehabilitation Act of 1973.
Q and A guidance document from US Dept of Educ
This handout from PACER Center offers a flow chart for distinguishing Section 504 support from special education/IDEA services.
The U.S. Department of Education’s Individuals with Disabilities Education Act (IDEA) website brings together IDEA information and resources from the Department and our grantees.
Some students with mental health challenges and other conditions may be considered students with disabilities under Section 504 of the Rehabilitation Act of 1973; some may also be considered students with disabilities who require special education and related services under the Individuals with Disabilities Education Act (IDEA).
Learn more about Section 504 with this Parent and Educator Resource Guide on Section 504 from the US Department of Education.
