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Kristina E. Ingles; Heather M. Dulas; Humberto Peña Jr.; Sarah Nichols; Elliott McFarlane; Megan Benzel; Lisa Bowman-Perrott – Journal of the American Academy of Special Education Professionals, 2025
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…
Descriptors: Punishment, Discipline, Student Behavior, Legal Responsibility
Zirkel, Perry A. – Communique, 2020
Seclusion, used broadly to include time-out (Bon & Zirkel, 2014), and other aversives, such as restraint, continues to be an active area of legal activity, particularly for students with disabilities. The September 2016 issue of "Communiqué" provided an update of the case law specific to school district use of seclusion (Zirkel,…
Descriptors: Students with Disabilities, Discipline, Court Litigation, Constitutional Law
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Christopher T. H. Liang; Sarah A. Rosati; Matthew Fluharty; Rachel Gabrilowitz; Devon Carter; Vivian Mui; Lee Kern; Jennifer Freeman – Journal of Emotional and Behavioral Disorders, 2024
Disproportionality persists with regard to the labeling of students with emotional and behavioral disorders (EBD). A blending of critical race theory and disability studies, or DisCrit, provides a framework to examine disproportionality. In this article, a DisCrit mindset is applied to examine how racism and ableism intersect to disproportionately…
Descriptors: Emotional Disturbances, Behavior Disorders, At Risk Persons, Minority Groups
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Buren, Molly K.; Rios, Kristina; Burke, Meghan M. – Rural Special Education Quarterly, 2022
Parent advocacy is an essential component to help children with disabilities receive appropriate school services. However, there are limited studies about parent advocacy for children with disabilities living in rural areas. To address this issue, semistructured interviews were conducted with 12 parents of children with disabilities. The purpose…
Descriptors: Rural Areas, Parent Attitudes, Advocacy, Grounded Theory
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Gagnon, Joseph Calvin; Kern, Lee; Mathur, Sarup R. – Behavioral Disorders, 2022
This document, from the Council for Exceptional Children, Division of Emotional and Behavioral Health (DEBH), provides clear and compelling support for the abolishment of solitary confinement with incarcerated youth and young adults in juvenile and adult correctional facilities. This is the first position statement from DEBH on the topic, and the…
Descriptors: Institutionalized Persons, Correctional Institutions, Youth, Young Adults
Office for Civil Rights, US Department of Education, 2024
The Civil Rights Data Collection (CRDC) is a mandatory survey of all public schools and school districts in the 50 states, Washington, D.C., and the Commonwealth of Puerto Rico. It gathers information about student access to educational programs, activities, staff, and school climate factors from public schools serving students in preschool…
Descriptors: Students with Disabilities, Public Schools, Access to Education, Educational Environment
Ohio Coalition for the Education of Children with Disabilities, 2022
The Individuals with Disabilities Education Act (IDEA) is the federal law that secures special education services for children with disabilities from the time they are born until they graduate from high school. The law was reauthorized by Congress in 2004, prompting a series of changes in the way special education services are implemented. These…
Descriptors: Educational Legislation, Students with Disabilities, Equal Education, Federal Legislation
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Fisher, Amy E.; Fisher, Benjamin W.; Railey, Kirsten S. – Race, Ethnicity and Education, 2021
Exclusionary discipline practices in the United States are used disproportionately in the punishment of Black students with a disability compared to White and Black students with or without a disability. One potential mechanism leading to the disproportionate use of exclusionary discipline is a process called 'manifestation determination reviews'…
Descriptors: Discipline, Suspension, Punishment, African American Students
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Jewell, Bill; Fraser, Emily; Hendricks, Randy – eJEP: eJournal of Education Policy, 2017
In order for an educator to properly restrain or seclude a child, they should be made aware of the statutes, court cases, governmental policies, and terminologies that shape the legality of restraints and seclusions. This paper means to nurture that awareness. The paper is in an order that shows an evolution of the policies and laws about…
Descriptors: Public Schools, Educational Policy, Discipline Policy, Court Litigation
Zirkel, Perry A. – Communique, 2016
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…
Descriptors: Discipline, Punishment, Disabilities, Legal Responsibility
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Andrea Kalvesmaki; Joseph B. Tulman – Advances in Race and Ethnicity in Education, 2017
This chapter considers the school-to-prison pipeline (STPP) within the United States as a network of flows and feedback loops that connects the education and delinquency systems. This system is heavily biased to funnel students with disabilities, disproportionately from low-income minority families, away from productive educational outcomes…
Descriptors: Delinquency, Students with Disabilities, Disproportionate Representation, Low Income Students
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Center for Learner Equity, 2021
The purpose of this document is to provide information on the calculations and data from the 2017-2018 Civil Rights Data Collection (CRDC) that were used to assess the findings in the related thematic briefs. Using the 2017-18 CRDC data, variables were selected to observe the enrollment and experiences of students with disabilities in different…
Descriptors: Students with Disabilities, Elementary Secondary Education, Charter Schools, Traditional Schools
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Katsiyannis, Antonis; Losinski, Mickey; Whitford, Denise K.; Counts, Jennifer – NASSP Bulletin, 2017
The use of aversives as a method for behavioral intervention in U.S. public schools has been a persistent concern and often subject to litigation, particularly among students with disabilities. The use of aversives (restraint, seclusion, and corporal punishment) have been supported in some cases due to their perceived necessity to keep children…
Descriptors: Negative Reinforcement, Special Education, Disabilities, Principals
US Senate, 2015
This hearing of the Committee on Health, Education, Labor, and Pensions examines creating positive learning environments for all students beyond seclusion and restraint. Following an opening statement by Honorable Tom Harkin (Chairman, Committee on Health, Education, Labor, and Pensions) and Honorable Johnny Isakson (U.S. Senator from the State of…
Descriptors: Educational Environment, Access to Education, Educational Legislation, Equal Education
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Barnard-Brak, Lucy; Xiao, Feiya; Liu, Xiaoya – Education and Treatment of Children, 2014
The improper use of reported restraints has been associated with serious injury and death in both mental health and school settings. However, there is currently no federal legislation that regulates the use of reported restraints in the schools in contrast to health care facilities (e.g., Children's Health Act of 2000). As children with…
Descriptors: Federal Legislation, Public Schools, Socioeconomic Status, Low Income
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