Disability, Race, and Discipline. What do you know about significant disproportionality?

Research shows that students of color, boys, and students with disabilities are more likely to experience disciplinary removals than their peers. Indeed, black students with disabilities are more than twice as likely as peers to be suspended out of school or expelled, and the rates in Texas are even higher. Exclusionary discipline means missed instructional time and is associated with an increased likelihood of dropping out of school and interaction with the criminal justice system. These disparities are troubling both for student outcomes and for district legal liability.

This summer, we posted about comprehensive guidance on discipline and students with disabilities from the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitation Services (OSERS). We continue to anticipate guidance from the Department of Education and Department of Justice related to student discipline and race under Title VI. In the meantime, we want to talk about the intersection of disability and race: significant disproportionality.

New OCR and OSERS Guidance Highlights Positive Behavior Supports, Safety, and Nondiscrimination

On July 19, 2022, the U.S. Department of Education announced the release of new guidance from its Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) discussing public elementary and secondary schools’ responsibilities in meeting the needs of students with disabilities and avoiding discriminatory use of student discipline under Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA). The Department’s press release notes that these guidance documents 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.”