Joaquin, a 15-year-old Latino high school student, was arrested and removed from the Upward Bound (UB) program following a student-on-student sexual assault allegation. UB adopted a student-centered discipline approach that promoted socioemotional learning opportunities. However, the staff was regulated by complex state and federal policies and…

School districts are often given the challenging task of addressing problematic online behaviors committed by students while simultaneously protecting themselves from civil liability by not overstepping their authority. This is difficult, because the law concerning these behaviors is ambiguous and continuously evolving, and little consensus has…

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…

Seclusion timeout and physical restraint are aversive procedures designed to reduce or eliminate students' serious problem behavior. Using these procedures with students in special education has become commonplace in the last decade. Nevertheless, both seclusion timeout and physical restraint procedures have been, and continue to be, quite…

As in many other areas of society, sexual harassment has become an important issue in education. It has left the educational community with many questions about what constitutes sexual harassment, how to prevent it, and how to deal with the legal problems that may arise concerning it. This report dispels several myths about sexual harassment in…

This paper presents an outline and analysis of federal legislation and court decisions relevant to the exclusion of students with disabilities by school systems through the filing of delinquency and other petitions based upon in-school behavior. In many cases the behavior is related to the disability and/or to the consequences of the school…