The use of aversives as a method for behavioral intervention in U.S. public schools has been a persistent concern and often subject to litigation, particularly among students with disabilities. The use of aversives (restraint, seclusion, and corporal punishment) have been supported in some cases due to their perceived necessity to keep children…

Bullying in schools has escalated far beyond childhood teasing. In recent years, torture, murder, and suicide have been associated with bullying (van der Kolk, Weisaeth, & McFarlane, 2007). While bullying is unacceptable behavior in any school, it is particularly problematic in Catholic schools, which must embody Gospel values. Catholic…

Within the past few decades, scholars, lawmakers, and educators have increased attention to a specific type of aggressive behavior known as bullying. While bullying is like peer aggression and harassment, in that they all pertain to negative aggressive actions, there are important distinctions among these three forms of behavior. The key features…

During the past two decades, scholars, educators, and special interest organizations, including advocacy groups, have critically examined and debated the ethical and legal use of aversive interventions with individuals with disabilities. These interventions comprise a broad spectrum of behavior management techniques including but not at all…

For more than 30 years, scholars and practitioners have debated how to distinguish emotional disturbance (ED) from social maladjustment (SM) when determining special education eligibility and need. Scholarship on the nature of ED and SM has paid little attention to the legal parameters of practice despite the fundamentally legalistic nature of…

This paper presents the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) as statutory frameworks for providing educational services for students with disabilities. The paper then addresses the issue of disciplinary exclusion as provided for in each of…

Both law and pedagogy require that educators address behavior interfering with educational progress for students with disabilities. The reauthorized Individuals with Disabilities Education Improvement Act (IDEIA, 2004) and its predecessor, the Individuals with Disabilities Education Act (IDEA, 1997a), require individualized education program (IEP)…

After a review of the legal foundations of school governance and specific protection offered handicapped students by federal legislation, this report focuses on Oregon regulations and practices and outlines recommendations for appropriate disciplinary procedures for students categorized as handicapped. Since the Education for All Handicapped…

This paper reviews provisions of the Individuals with Disabilities Education Act (IDEA) and findings from court cases regarding behavioral intervention plans (BIPs) for students with disabilities. The following eight recommendations are provided for school districts as they strive to implement the behavioral intervention provisions of IDEA and…

This paper presents an outline and analysis of federal legislation and court decisions relevant to the exclusion of students with disabilities by school systems through the filing of delinquency and other petitions based upon in-school behavior. In many cases the behavior is related to the disability and/or to the consequences of the school…

Originally presented at a 1986 conference on student discipline strategies, this collection of papers represents highlights of the conference proceedings. Each paper has since been revised and updated. An introduction by Oliver C. Moles discusses the nature, extent, and academic effects of student misbehavior. In "Classroom Management Techniques,"…

The purpose of this paper is to review the literature regarding some of the past practices of discipline and to explore the changes in discipline that have been made in our schools, the alternatives that have resulted, and a specific approach--in-school suspension--that has taken root in contemporary education as a result of this change. A review…