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)

Historically, public school officials have acted without consideration for due process in issuing grades to students, in excluding students from school for academic failure, and in lowering grades as a means of disciplining students. The constitutionality of these actions is challenged and recent court cases are reviewed. (Author/KC)

Federal regulation protects handicapped students' education against unwarranted interruption without specifying procedures for disciplining handicapped students. This article reviews court decisions in disciplinary cases and provides procedural guidelines to follow in disciplining handicapped students. (MD)

When considering student expulsion, it is important to keep complete records of all hearings and proceedings. Reviewed is a recent Pennsylvania court case in which a board decision to expel two students was overturned in the courts because no hearing records were kept. (MD)

Reviews recent court litigations concerning the rights of students to invoke the Fifth Amendment in school disciplinary hearings. Concludes that Miranda warnings (informing suspects of their right to remain silent) are not required when student infractions have not violated criminal statutes and that student self-incrimination may be used as…

This pamphlet describes requirements under Section 504 of the Rehabilitation Act of 1973 relating to the discipline of students with disabilities. Information is provided on the educational requirements of the legislation, the due process procedures, the suspension and expulsion of students with disabilities, and the reevaluation process required…

A review of court decisions indicates that schools may consider absence from class as a factor in overall academic evaluation and may impose academic penalties for absences due to truancy, suspension, or expulsion. However, academic penalties may not be imposed for misconduct that does not result in absence from class. (MLF)

Suspension and expulsion should be a school's court of last resort. Before moving straight to suspension, school officials should provide discipline options such as counseling and alternative schools. Describes a rural New York school district where suspension and expulsion are rare. The goal is to keep every student in school so they can learn.…

After a review of the legal foundations of school governance and specific protection offered handicapped students by federal legislation, this report focuses on Oregon regulations and practices and outlines recommendations for appropriate disciplinary procedures for students categorized as handicapped. Since the Education for All Handicapped…

This legal primer on violence in schools addresses the responsibility of school officials to respond to undisciplined youths whose behavior threatens the welfare and safety of other children in attendance. It is broken down into sections that provide a brief overview of the key rules and guidelines for school officials and teachers in each topic…

This paper is intended to provide school officials and teachers with the necessary legal background, procedural requirements, and guidance for appropriate implementation of individualized educational programs (IEPs) with violent students with disabilities. Specifically it addresses: (1) the legal background of special education under the…

This pamphlet summarizes the responsibilities of school officials under Section 504 of the Rehabilitation Act of 1973 in administering nondiscriminatory disciplinary sanctions in the form of long-term suspension or expulsion of students with disabilities. It also summarizes the rights of disabled students and their parents or guardians in…

When the Supreme Court decided that the Constitution requires public school principals to follow procedural due process in suspension and expulsion cases, the Justices recognized a link between procedural due process and the fairness of effective discipline. This report reviews the constitutional due process required when public school officials…

A Florida State Department of Education technical assistance paper on expulsion of handicapped students is presented. Contents are as follows: historical information on court decisions, issues questions and answers, brief summaries of seven court cases dealing with expulsion of handicapped students, and sample materials from three local school…

This paper examines issues relating to suspension and expulsion of students with disabilities in Iowa and presents procedures and best practices which satisfy legal requirements and are based on judicial rulings. The following issues are considered concerning suspension: suspension of a special education student for more than 10 consecutive school…