Special Education: Clearer Guidance Would Enhance Implementation of Federal Disciplinary Provisions
Highlights
In the 2000-01 school year, more than 91,000 special education students were removed from their educational settings for disciplinary reasons. Under the Individuals with Disabilities Education Act (IDEA), schools are required to provide educational services to special education students who are removed from their educational settings for more than 10 days in a school year. Congress asked GAO to determine where disciplined special education students are placed, the extent to which local school districts continue educational services for these students, and how the U.S. Department of Education provides support and oversight for special education disciplinary placements. To address these objectives, GAO conducted a study, using surveys and site-visits, of special education disciplinary placements in three states--Illinois, Maryland, and North Carolina.
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Education | The Secretary of Education should issue supplemental guidance to state and local education agencies on IDEA's disciplinary provisions that includes examples to assist states and local education agencies in implementing the provisions in the law related to disciplinary placements. In particular, the guidance should include examples for applying IDEA's 10-day rule, including illustrations on how to determine whether a day of in school suspension should be counted as a day of removal. |
Closed – Implemented
The Department of Education agreed that additional guidance on disciplinary provisions in the Individuals with Disabilities Education Act (IDEA) might be needed. However, it did not want to issue additional guidance until after the legislation was final. Congress reauthorized IDEA in December 2004. Subsequently, Education provided information on changes to IDEA's disciplinary provisions and guidance on current requirements that remain in the reauthorized law.
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