This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

School leaders and special educators are expected to be experts on all levels and types of special education law and services, types of disability, and aspects of academic and functional programming. With the increasing demands of the job and the ever-changing legal and educational climate, many administrators and teachers are overwhelmed, and few…

Behavior management can be a key to student, teacher, and district success. When students with disabilities are served, effective behavior management is even more critical. Failure to implement proper discipline with students with disabilities can have financial consequences. For students, the emotional toll can be greater, albeit intangible.…

Changes to the Individuals with Disabilities Education Improvement Act (Public Law 108-446) (now known as the Individuals with Disabilities Education Act of 2004: IDEA) mandated new requirements for providing discipline to students with disabilities. These changes led to simplified procedures when students with disabilities commit infractions of…

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…

This review of case law on aversive interventions for students with disabilities identifies legal boundaries and protections for students in five categories: electric shock, noxious substances, corporal punishment, restraints, and timeout. It finds that, despite the emergence of positive interventions, qualified support for aversive interventions…

Although a 1975 Supreme Court ruling upheld students' suspension or expulsion from school, these punishments may not apply to handicapped students, who are guaranteed a free, appropriate education under the Education for All Handicapped Children Act. Article discusses implications of "Honig v. Doe" (1988), a Supreme Court decision…

As a service to the community to protect the legal rights of students, this manual is designed to provide the legal information New York state parents and professionals need in order to become more effective educational advocates. It is not intended as a definitive legal resource, but rather as a guide for structuring a legally sound argument to…

In an era promulgating "zero tolerance" of school violence, courts are giving considerable latitude to school officials in administering student discipline. The vast majority of student due process claims arising from suspensions and expulsions, including a recent marijuana possession case in Alabama, have failed in recent years. The…

This article addresses the substantial changes that Congress made in the 1997 amendments to the Individuals with Disabilities Education Act concerning discipline of students with disabilities. It analyzes both the procedural and substantive requirements related to suspending students, expelling students, and conducting functional behavioral…

The danger of misusing a psychiatric withdrawal policy to remove students who are perceived as "troublesome" or eccentric is discussed. When violations of student conduct regulations have occurred, the frequent resort to psychiatric withdrawals will deny students and the campus the important benefits and protections associated with…

Twelve years have elapsed since Public Law 94-142, the Education for All Handicapped Children Act (EAHCA), was passed by Congress. This paper accordingly reviews the far-reaching effects of EAHCA on the educational enterprise, focusing on the legal, administrative, and instructional challenges of disciplining handicapped students in a…

Court decisions interpreting effects of Public Law 94-142 on traditional forms of public school discipline are reviewed, concluding that most forms of minor disciplinary remedies remain available to educators so long as they are also used with nonhandicapped students. However, legal problems arise with expulsion and long-term suspensions of…

This paper focuses upon a variety of curriculum related issues that have potential legal connotations, such as whether the college bulletin forms a contract, whether advertisements can be considered contracts, and determining the appropriateness of student discipline for academic and other reasons. Presented first is a brief overview of contract…

One of the more controversial issues that has come before the courts since the implementation of the Individuals with Disabilities Act (IDEA) concerns the imposition of disciplinary sanctions on students with disabilities. Because this issue is not directly addressed by the act, school administrators must turn to case law for guidance. This paper…