The study examined procedures utilized in 28 elementary schools in Montgomery County (Maryland) when a student is found to have academic or behavioral problems that make functioning in the regular classroom difficult. The study examined one part of special education--how the school system initially identifies students for special services. The…

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.…

The School Safety Committee is concerned with the obligations of schools to educate all children in an environment of moral responsibility and physical safety that will enable each child to realize the promise of America, that is, human rights, dignity, equality, and justice. The problem of school safety will be aggravated by the nation's economic…

The courts have come to play an increasingly important role in educational policy making and the administrative management of our public schools. This is especially apparent in the context of school discipline where numerous and varied controversies have been translated into legal disputes over the past three decades, many of which have ultimately…

This paper provides practical advice on reviewing and designing disciplinary procedures and is set in the context of incorporation of further education and sixth form colleges in England. Reasons are provided for having disciplinary rules, based on the Advisory Conciliation and Arbitration Service's (ACAS) Code of Practice. Relevant English…

The Children's Defense Fund Studied school suspension data from HEW's Office of Civil Rights and held independent interviews with administrators, students, and community members in districts around the country. They concluded that suspending children from school happens arbitrarily and very frequently, for non-serious reasons, without fair review…

This booklet discusses due process for institutions of higher education and how principles of due process should shape the design of institutional procedures for resolution of conflicts affecting students, faculty, academic programs, and research. The booklet defines and explains various area of conflict, the role of due process, and key legal…

Argues that suspension of a student from school for disciplinary reasons should always be preceded by a hearing. (JF)

This discussion of college and university policy concerning misconduct of employees looks at legal standards of due process for discipline or dismissal; the parameters of "just cause"; employee rights to representation; and judicial rulings on a variety of misconduct issues such as criminal misconduct, sexual misconduct, alcohol, and drugs. (MSE)

The problem with suspensions is that they create a conflict of rights. On the one hand, there is the basic right of all students to obtain an education without violence, conflict, abuse, extortion, or intimidation. On the other hand, there is the right of the individual student to receive justice and due process. Recent court decisions support…

Judicial decisions have set boundaries on the ability of educational institutions to write rules governing student conduct and have defined the necessary components of a fair procedure to be used to assess disciplinary sanctions. This legal evolution affirms the respect shown students as citizens of the academic community. (Author)

Discussion of U.S. Supreme Court decision (Ingrahm V. Wright) asserting that the Constitution's Eighth Amendment does not protect school children against cruel and unusual punishment and that the due process clause of the Fourteenth Amendment does not require notice and a hearing prior to the imposition of corporal punishment in the public…

Parents whose learning-disabled son committed suicide after being suspended (without notice) sued the school district for violating the Individuals with Disabilities Education Act and their 14th Amendment due-process rights. They won summary judgment on the IDEA claim, but lost the school liability claim. The case will be retried. (MLH)

This pamphlet describes requirements under Section 504 of the Rehabilitation Act of 1973 relating to the discipline of students with disabilities. Information is provided on the educational requirements of the legislation, the due process procedures, the suspension and expulsion of students with disabilities, and the reevaluation process required…

Reviews the 1997 amendments to the Individuals with Disabilities Education Act in the context of the law's history. Focused on are changes in Individualized Education Program requirements, mediation as a conflict resolution option, discipline of students in special education, and the required review of the relationship between a student's…