§ 300.229 Disciplinary information.

Plain English summary

This section permits states to require public agencies to include disciplinary action statements in the records of children with disabilities and transmit them on the same basis as records for nondisabled children. The disciplinary statement may describe the behavior, the action taken, and safety-relevant information. If a state adopts this policy, any school transfer must include both the child's current IEP and the disciplinary statement.

Key requirements

• The State may require that a public agency include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child.
• The disciplinary information must be transmitted to the same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled children.
• The statement may include a description of any behavior engaged in by the child that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child.
• If the State adopts such a policy, and the child transfers from one school to another, the transmission of any of the child's records must include both the child's current IEP and any statement of current or previous disciplinary action that has been taken against the child.

Affected parties

• State educational agencies
• Public agencies
• Children with disabilities
• Receiving schools upon student transfer

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.229