Despite the long-term negative outcomes associated with restraining and secluding students, these practices are frequently used in schools, with disproportionate use on students with disabilities. Based on recent guidance from the U.S. Justice Department's Civil Rights Division, misusing these practices violates student rights under the Americans…

The Individuals With Disabilities Education Act requires schools to conduct a manifestation determination (MD) meeting when suspending students with disabilities for more than 10 days. The MD procedure is intended to safeguard educational access by providing a process to determine if a student's disability is related to the suspending behavior. An…

This study is an exploration of "DisCrit Mothering," of education, research, and activism, rooted in our radical love for our children facing barriers and injustices due to intersectional oppressions in schools. We employ critical duoethnography to discuss and analyze our experiences, understandings, and lessons learned in our mother-son…

The literature base on Restorative Practice (RP) outcomes suggests that schools that adopt RP experience reductions in suspensions/expulsions and improved school climate. Yet data suggests disproportionality in exclusionary disciplinary practices persist. Less is known about whether there are differences among student populations in their…

About 1 in 20 K-12 students are suspended from school each year. Students from marginalized groups -- including Black and Latinx students and students with individualized education plans (IEPs) -- experience suspension much more frequently than their peers. Empathic Instruction reduces the racial gaps in suspensions, but it does not close them…

In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIP) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act (2017) makes no mention of FBAs or BIPs, and the Individuals with Disabilities…

Students placed in special education programs for emotional and behavioral disorders with emotional disturbance (ED) identification have academic outcomes that lag both students in regular and special education. This issue is especially important for youth attending urban schools. Although prior research has examined students identified as ED,…

Increasing evidence shows that punitive discipline is ineffective and detrimental. Using empowerment theory and the opportunity-to-learn conceptual framework, this literature review seeks to broaden school personnel's knowledge of alternative discipline interventions. Searching ERIC and JSTOR databases, we looked for English language, North…

Background/Context: The administration of student discipline is one of many responsibilities under the purview of teachers and educational leaders across the country. Maintaining a safe environment with minimal disruptions is not an easy task. From existing research on student discipline, we have learned that critical examination of data and…

Exclusionary discipline practices in the United States are used disproportionately in the punishment of Black students with a disability compared to White and Black students with or without a disability. One potential mechanism leading to the disproportionate use of exclusionary discipline is a process called 'manifestation determination reviews'…

Teachers and parents often find special education law complex and confusing. As one step for a basic foundation in special education law, a previous "TEACHING Exceptional Children" article (Zirkel, 2005) provided a snapshot of the "top five case concepts" based on 10 decisions from the Supreme Court. Each of these decisions…

The purpose of this article is to present an updated comprehensive synthesis of the law, starting with the statutory provisions and culminating in the case law specific to the procedural and substantive requirements for manifestation determinations (MDs) under IDEA, as amended in 2004. Procedural requirements include issues such as who must make…

There is a high prevalence of mental health concerns among youth in the United States. School-based mental health counselling interventions maybe one way of addressing the mental health concerns of youth. This study investigated changes in students' behavioural and emotional problems scores and discipline referrals for those who participated in a…

From the beginning of time, there has been a pervasive interest in getting some members of the human race to conform to the wishes of other members of the human race. The use of positive as well as not so positive methods have been utilized, researched and espoused upon. The current paper presents a review of the vast literature on the history of…

Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…