July 19, 2022 | Contact: Press Office (202) 401-1576 or press@ed.gov
New guidance released today from the Department of Education’s Office for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) helps public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities and avoid the discriminatory use of student discipline.
These newly released 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.
The new resources reflect the concern, particularly in light of the prevalence of student mental health issues associated with the pandemic, that some students with disabilities are not receiving the supports and services necessary to address their educational needs, including their disability-based behavior.
The guidance makes clear that schools do not need to choose between complying with Section 504 of the Rehabilitation Act of 1973 (Section 504) and the Individuals with Disabilities Education Act and keeping their school community – including students and staff – safe.
The new resources include:
Supporting Students and Avoiding the Discriminatory Use of Discipline under Section 504
Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 explains that Section 504 requires schools to provide behavioral supports and services to students with disabilities who need them in order to receive a FAPE.
Supporting the Needs of Children with Disabilities and IDEA’s Discipline Provisions
Questions and Answers Addressing the Needs of Children with Disabilities and the Individuals with Disabilities Education Act's (IDEA's) Discipline Provisions and Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders expand upon the 2016 Dear Colleague Letter that included data demonstrating that many children with disabilities, particularly Black children with disabilities, were subjected to high rates of disciplinary removals (such as suspensions and expulsions).
Today’s resources underscore that children can experience academic success with an appropriately developed and effectively implemented individualized education program (IEP). IDEA includes specific provisions to address situations in which the behavior of a child with a disability impedes the child’s learning, the learning of others, or violates a school’s code of student conduct. Importantly, as part of the obligation to provide FAPE, in the case of a child whose behavior impedes the child’s learning or that of others, the IEP Team must consider – and include in the IEP – the use of positive behavioral interventions and supports, and other strategies, to address that behavior.
More information about the Department’s efforts to assist schools in fostering nondiscriminatory and safe learning environments is available here.
LINK to the entire Press Release
The announcement made during National Summer Learning Week will allow more students to access more programs year-round to support their academic and mental health needs.
JULY 14, 2022 | Contact: Press Office, (202) 401-1576, press@ed.gov
To support President Biden’s call last week for schools to use American Rescue Plan funds to support summer learning and afterschool programs, the U.S. Department of Education is announcing the Engage Every Student Initiative. The Initiative will help communities utilize American Rescue Plan funds alongside other state and local funds to ensure that every child who wants a spot in a high-quality out-of-school time (OST) program has one. This announcement coincides with National Summer Learning Week.
This announcement builds on the more than two decades of work to build and grow the 21st Century Community Learning Center Initiative that began in 1997. Now through the American Rescue Plan funds, schools and districts are further able to expand access to out-of-school time programs that support student learning and have lasting, positive impacts on youth development. Today, the Department is also announcing new resources to support out-of-school time including:
- A $3-4 million dollar contract that will be awarded in FY2023 to provide best practices in program implementation for summer and out-of-school time.
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A new tool from the Institute of Education Sciences to support states, districts or programs in building and using evidence to implement afterschool and summer learning programs. This tool is part of IES’ Evidence-based Practices for Renewal and Recovery, which curates evidence, tools, and other materials from a wide range of sources—showcasing the use of evidence-based practices in this period of recovery and renewal to improve outcomes for all learners, especially those that education systems have historically underserved.
Importantly, this initiative centers on elevating and expanding quality out-of-school time programs. Quality out-of-school time programs are well-planned and well-implemented and center opportunities for enrichment and social engagement alongside academic achievement, helping students build connections to their peers and in their schools.
For additional information about ED’s out-of-school time work visit www.ed.gov/ost. All allied organizations can be viewed here.
LINK to the entire Press Release
On July 8, the Department released its Strategic Plan for Fiscal Years 2022-26, describing the policy and operational priorities for the agency. The plan details the Department’s strategic goals and objectives over the next four years, from promoting equity in student access to educational resources, opportunities, and inclusive environments to enhancing the agency’s internal capacity to optimize the delivery of its mission. The plan also specifies the Department’s Fiscal Year 2022-23 Agency Priority Goals: address the impact of the COVID-19 pandemic on students, educators, and faculty; effectively manage federal student loans; and reduce disparities in attainment of high-quality degrees and credentials
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BEST NC: Advanced Teaching Roles models in North Carolina
These videos highlight the unique successes of Charlotte-Mecklenburg Schools, North Carolina's longest running Advanced Teaching Roles program, as they approach full implementation in a landmark 80 schools!
Earlier this year, BEST NC’s latest policy brief: Advanced Teaching Roles: Meaningful Career Opportunities for Education Professionals. Many of you have found the brief useful and shared it with your networks.
If you’re interested in learning more, check out our animated Advanced Teaching Roles explainer video, our previous video on ATR in Edgecombe County, and additional materials found on our website at www.BESTNC.org/AdvancedRoles.
If you represent a school or district that wants to join the conversation and attend (free) ATR Sharing Sessions with current and interested school districts, please email us at info@BESTNC.org.
-The BEST NC Team
Helpful Resources
NC Social and Emotional Learning | NC DPI
Center for Safer Schools | NC DPI - Say Something Anonymous Reporting System | NC DPI
DPI Financial Business Services (FBS) - Check FBS homepage regularly for updates.
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COVID Funds - Expenditure and Allotments Data spreadsheet as of June 30, 2022
North Carolina Department of Public Instruction Press Releases
Public School Forum of North Carolina: 2020 North Carolina Education Primer
EdNC - Independent source of news, data, and analysis about education for the people of North Carolina.
BEST NC - Facts and Figures – BEST NC
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