Reviews current legal interpretations regarding discipline of handicapped students. Proposes a model for fostering compliance with legal mandates when considering disciplinary procedures for such students. Principals should employ behavior management options (such as time-out techniques, use of school counseling and social workers, in-school…

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

Reviews case law related to disciplining handicapped students, highlighting two 1975 landmark cases ("Wood v Strickland" and "Goss v Lopez") involving suspensions and one seminal case ("Stuart v Nappi") involving expulsion. Although specially protected, handicapped students are neither immune from a school's…

School districts must properly manage volunteers to protect children from negligent behavior. Districts can reduce the risk of using volunteers by developing volunteer-management policies and procedures; maintaining adequate liability insurance; developing descriptions of volunteer responsibilities; screening interested persons; and providing…

An examination of disciplinary guidelines indicates that school officials are held to a higher standard of proof in disciplinary proceedings involving students with disabilities. Principals have considerable leeway for short-term disciplinary exclusions, and for excluding any students bringing firearms to school. Preventive measures are best for…

Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…

Child abuse is an issue of growing public concern. Seven questions and answers are presented pertaining to the legal risks and responsibilities of school personnel in reporting cases of child abuse. (TE)

Teaching ethical values is often challenged as an infringement on students' religious rights. This article addresses key questions concerning schools' legal responsibilities, courts' treatment of curriculum-related challenges based on alleged First Amendment violations, and courts' handling of teacher proselytizing or "opting out" cases.…

Recounts the case of Lauren, a moderately disabled student suspended for disruptive, aggressive behavior before the Individuals with Disabilities Education Act was amended. The Seventh Court of Appeals upheld the suspension. The majority of such cases have gone against districts, reflecting a relatively high judicial standard of dangerous…

Although disabled students in two major cases have won inclusionary placement in regular classes, numerous other "full inclusion" cases recently were decided in school districts' favor. This article provides a recent illustrative case (a disruptive student with ADHD and Tourette Syndrome) and a question/answer discussion about…

Recent Title IX lawsuits have highlighted colleges' and universities' vulnerability to claims of gender discrimination in intercollegiate athletics. Middle and secondary schools are equally vulnerable. Gender equity encompasses accommodation of athletic interests, funding, equipment and supplies, scheduling, coaching opportunities, coach salaries…

Under provisions of the 1997 Individuals with Disabilities Education Act Amendments, school officials may change a disruptive student's placement before the situation escalates and requires disciplinary measures. IDEA's purpose is to address students' disabilities, including those causing them to misbehave. Also, disabled students may be suspended…

Pressured by public safety concerns, school boards have begun to adopt exclusionary policies and screening programs for pupils and employees infected with the Acquired Immune Deficiency Syndrome (AIDS) virus. This article reviews recent court decisions based on the "handicapped individual" defense and urges administrators to present…

Although major cases involving religion in public schools were decided decades ago, disputes still arise over interpreting the First Amendment's establishment clause. Formally inviting clergy to pray at high school graduation ceremonies is clearly not permissible, but the law is unsettled regarding student-initiated and student-led nonsectarian…

The role of privilege in defamation suits arising from the evaluation of public educators is explored in light of the "Manguso vs. Oceanside Unified School District" court case, in which a teacher brought a libel charge against a superintendent. (DCS)