Aversive procedures such as seclusion and restraint are generally viewed as emergency only procedures in school settings. However, they are still used too often to respond to student behaviors in schools. The purpose of this scoping review was to determine which types of documents have been published in peer-reviewed journals, the degree of…

Racial disproportionality in special education is an ongoing injustice in schools in the United States. In this article, we investigate the key relationships among education policy, context, and racial disproportionality in special education. We examine this nexus by analyzing one U.S. school district's response to federal citations for…

This is the "41st Annual Report to Congress on the Implementation of the Individuals with Disabilities Education Act, 2019." Section 664(d) of the "Individuals with Disabilities Education Act" ("IDEA"), as reauthorized in 2004, requires that the Department of Education report annually on the progress made toward the…

Since the enactment of the "Education for All Handicapped Children Act of 1975" ("EHA"), Public Law (P.L.) 94-142 and its successor statute, the "Individuals with Disabilities Education Act" ("IDEA" or "act"), the secretary of the U.S. Department of Education (secretary) (and her predecessor, the…

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…

Federal and state courts have held that disciplinary sanctions cannot be applied to handicapped students in such a way that they would be deprived of their legal rights to a free, appropriate public education in the least restrictive environment, as mandated by the Education for All Handicapped Children Act (EHA). This presentation outlines the…

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…

Reviews problems involved in disciplining disabled students with behavior problems as a result of the Education for All Handicapped Children Act. The case of "Honig V. Doe" has reached the Supreme Court but may be declared moot. Urges school administrators to warn parents of disabled students that the police will be called if students…

Disciplinary measures that are reasonable for the nonhandicapped student may be unreasonable for a handicapped student. So maintains this nineteenth chapter of a book on school law dealing with regulations and judicial action related to discipline of handicapped students under the Education of the Handicapped Act. As interpreted by "Doe v.…

Handicapped children are not immune from a school's disciplinary rules but such children may have additional protection under Public Law 94-142. (Author/IRT)

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…

Provides advice from a legal standpoint on discipline procedures for special education students. (WD)

The background of P.L. 94-142, the Education for All Handicapped Children Act, is reviewed, its contents analyzed, and major problems identified. Areas of controversy addressed include provision of such related services as psychotherapy, school health services, summer programs, and vocational education. Expense and ambiguity of the law are among…

P.L. 94-142 presents unique problems to schools with special education programs. This article offers suggestions for implementing the act's objectives of individualized instruction, least restrictive environment, and equal protection for handicapped children. (Author/LD)

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…