Disciplinary policies for students with special needs 

Schools must have rules and procedures in place for disciplining all students, but as regards students with special needs, there are special considerations. For one thing, U.S. Department of Education (2018) data indicate that students with disabilities are twice as likely to be disciplined as their nondisabled peers. Schools committed to equity must be aware of this disproportionate impact as they develop and revise disciplinary policies. 

But in addition to taking care that their policies are implemented fairly and equitably, schools must also take note of the additional procedures and protections that apply to students who are eligible for service under the Individuals with Disabilities Education Act (IDEA) or for accommodations under Section 504 of the Rehabilitation Act. States differ to some extent in their implementation of these statutes — and states and local districts may, of course, provide more expansive protections than those required under federal statutes — but certain general parameters are the same across the country. 

Section 504 protects individuals from discrimination, exclusion, or denial of benefits from federally funded activities on the basis of a disability, which is broadly defined as an impairment that substantially limits one or more major life activities. Individuals who have an impairment, a record of impairment, or are perceived as having an impairment may receive accommodations to ensure equitable access to public services (29 U.S.C. 794). Many students (particularly those with medical issues) are eligible for accommodations under Section 504 but not eligible for services under IDEA.