Senators call for stronger rules on off-the-books suspension
WASHINGTON (AP) — Two Democratic senators urged the Education Department to strengthen regulations against excluding kids from class because of behaviors related to a disability — a practice known as informal removal.
Since the pandemic began, parents of kids with disabilities say the practice is on the rise, denying their kids the legal right to an education. Disability rights advocates and legal experts say the removals likely circumvent protections for these children, who are not supposed to be disciplined because of their disability.
In a report Tuesday, The Associated Press and The Hechinger Report documented the impact of these informal removals on children and families. In interviews with 20 families in 10 states, parents said they were called repeatedly, sometimes less than an hour into the school day, to pick up their children. Some said they left work so frequently they lost their jobs.
The Education Department in May said it intended to strengthen protections for students with disabilities through possible regulatory amendments to Section 504 of the Rehabilitation Act of 1973, which protects people from being discriminated against based on their disability.
The department also issued guidance to schools in July on discriminatory practices in discipline for students with disabilities. That guidance expressly defined informal removals as an action taken by school staff in response to a child’s behavior that removes the child for part or all of the school day, or even indefinitely.
In a letter sent Wednesday to the Education Department, U.S. Sens. Dick Durbin and Tammy Duckworth, both from Illinois, urged that practice be formally defined in regulation and included as a form of prohibited, discriminatory action during the final rulemaking for Section 504.
“We...