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…

Children with special needs and disabilities (SEND) in mainstream schools have a wide range of complex conditions rendering it impossible for teachers to fully understand all the complexities of their needs. Difficulties with understanding and self-control lead to much of the behaviour that is considered unacceptable within schools and that can…

Schools should be safe, nurturing, and welcoming environments for all students. Frequently, exclusionary school discipline practices, which remove students from the classroom--even for minor infractions of school rules--through suspension or expulsion, prevent students from participating fully in their education. Suspensions, expulsions, and other…

In recent years, there have been major concerns expressed regarding the use of restraint and seclusion to control the behavior of children with disabilities and/or challenging behavior. In May of 2009, for example, the US Government Accountability Office (GAO) released findings regarding a number of cases in which seclusion and restraint were…

Louisiana developed a time frame for compiling the State Performance Plan with as much opportunity for broad stakeholder input as possible before the required submission date. Bearing in mind the requirements of No Child Left Behind (NCLB) legislation, Louisiana's Steering Committee projected performance targets through the year 2014 for the…

This document provides results of a survey of all public schools and school districts in the United States. The CRDC measures student access to courses, programs, instructional and other staff, and resources--as well as school climate factors, such as student discipline and bullying and harassment--that impact education equity and opportunity for…

Well over three million children, K-12, are estimated to have lost instructional "seat time" in 2009-2010 because they were suspended from school, often with no guarantee of adult supervision outside the school. That's about the number of children it would take to fill every seat in every major league baseball park and every NFL stadium…

Special education litigation remains a volatile area with significant practice implications. A review of the 2010 case law in the "Special Educator" identified discipline (manifestation determination, seclusion and restraints, harassment), evaluation/RTI, and postsecondary transition as specific areas of concern. School administrators should keep…

An examination of disciplinary guidelines indicates that school officials are held to a higher standard of proof in disciplinary proceedings involving students with disabilities. Principals have considerable leeway for short-term disciplinary exclusions, and for excluding any students bringing firearms to school. Preventive measures are best for…

Problem behavior at school "interferes with the educational process and places a burden on teachers" (U.S. Department of Education 2002, p. III-17). Disciplinary problems have long been linked to negative outcomes for students with disabilities, such as course failure and dropping out of school (Wagner et al. 1991). Parents, administrators,…

This study investigated state policy, court litigation, and accreditation standards with respect to the use of time-out as a behavior management strategy in special education programs. The study's emphasis was on existing standards concerning the use of locked time-out rooms and student supervision requirements during the application of time-out.…

Virginia's statewide plan of educator preparation in functional behavioral assessment, as required under the Individuals with Disabilities Education Act, is described. The step-by-step training process facilitated positive academic and nonacademic outcomes for all students. Preliminary data support the effectiveness of both the content and…

This report reviews current state policy and practices in the disciplining of students with disabilities, as they are expressed in state documents including statutes, regulations, and other types of written records. Federal law, regulations, and case law are summarized in the report's introduction and background. Findings are presented in terms of…

Analysis of survey responses of 37 directors of special education revealed that states are complying with the Individuals with Disabilities Education Act (1997 amendments) in developing disciplinary policies and monitoring procedures, in providing training and technical assistance concerning discipline to school districts, and in developing…