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

Many school practitioners think of poverty as a kind of "culture," characterized by dysfunctional behaviors that can only be corrected by imposing harsh discipline on students. Further, beliefs about poverty are often used to justify racial disparities in disciplinary referrals, achievement, and enrollment in gifted, AP, and honors…

Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

In the last several years there have been multiple stories regarding the use of seclusion in schools in national news outlets (Blacker, 2012; Charis-Carlson, 2017; Hefling, 2012; Lichtenstein, 2012; National School Boards Association (NSBA), 2014; Nicosia, 2016; Richards, 2012; St. George, 2014; Tilotta, 2014). The Council for Children with…

The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…

Bullying in schools has escalated far beyond childhood teasing. In recent years, torture, murder, and suicide have been associated with bullying (van der Kolk, Weisaeth, & McFarlane, 2007). While bullying is unacceptable behavior in any school, it is particularly problematic in Catholic schools, which must embody Gospel values. Catholic…

Student discipline is one of the least pleasant tasks that secondary school administrators must perform. As challenging as behavioral issues with general education students can be, situations involving the discipline of students with special needs often bring more stress, confusion, and frustration (Ward, Montague, & Linton, 2003). This may stem…

A review of some basic concepts in special education law will help principals better understand the complex laws and regulations implicated in common situations. This article cites a case scenario that illustrates various potential issues under IDEA 2004 and Section 504 of the Rehabilitation Act. Chris is in the 10th grade, and his parents have…

Judicial review of decisions on student discipline is limited in Malaysia. This arises because of the general presumption that in the enforcement of school discipline, educators are able to act in the best interest of the student to maintain a safe learning environment. This article examines the range of disciplinary measures in Malaysian schools…

In this article, the authors examine the effect of legislation and litigation on the discipline of public school students. The authors explore how the courts have influenced discipline in schools, discuss the laws that affect discipline, provide a brief overview of students' rights in public schools, discuss the discipline of students with…

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…

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…

The 1997 Individuals with Disabilities Education Act amendments include discipline-related provisions that expand school officials' authority to deal with disabled students caught with weapons or drugs or exhibiting dangerous behaviors and clarify procedures governing manifestation determination, provision of educational services during…

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…

Explores the social and legal climates that have promoted disorder in many schools. In the current educational environment, students have rights that were not applicable in earlier eras. In addition, disciplinary practices for students in special education are having an impact on discipline strategies for other students. Describes court decisions…