Argues that suspension of a student from school for disciplinary reasons should always be preceded by a hearing. (JF)

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…

Judicial decisions have set boundaries on the ability of educational institutions to write rules governing student conduct and have defined the necessary components of a fair procedure to be used to assess disciplinary sanctions. This legal evolution affirms the respect shown students as citizens of the academic community. (Author)

Discussion of U.S. Supreme Court decision (Ingrahm V. Wright) asserting that the Constitution's Eighth Amendment does not protect school children against cruel and unusual punishment and that the due process clause of the Fourteenth Amendment does not require notice and a hearing prior to the imposition of corporal punishment in the public…

Parents whose learning-disabled son committed suicide after being suspended (without notice) sued the school district for violating the Individuals with Disabilities Education Act and their 14th Amendment due-process rights. They won summary judgment on the IDEA claim, but lost the school liability claim. The case will be retried. (MLH)

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…

Reviews the 1997 amendments to the Individuals with Disabilities Education Act in the context of the law's history. Focused on are changes in Individualized Education Program requirements, mediation as a conflict resolution option, discipline of students in special education, and the required review of the relationship between a student's…

An explicit, nondiscriminatory code of conduct that is based on due process standards, and the enforcement of relevant laws can constitutionally address offensive behavior problems in libraries. (AEF)

Children with behavior disorders are difficult to educate, but exclusion from school is legally questionable, educationally irresponsible, and socially self-defeating. (Author/DW)

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

Practical guidelines are presented for implementing a discipline policy at the local level for students with disabilities, with suggestions for distinguishing policies affecting students in general and students with disabilities. Emphasis is placed on emerging issues and practical consequences. Relevant federal and state court decisions are cited,…

The purpose of these Utah behavioral intervention policies and procedures is to provide state-of-the-art guidelines for educators dealing with the behavior problems of students with disabilities. The standards serve to assure that students have access to effective education procedures and due process, and that school districts minimize their risk…

Responses were obtained from all 50 states and three additional service units on a survey of programs for adolescents with behavioral disorders. (CL)

The study examined procedures utilized in 28 elementary schools in Montgomery County (Maryland) when a student is found to have academic or behavioral problems that make functioning in the regular classroom difficult. The study examined one part of special education--how the school system initially identifies students for special services. The…

The School Safety Committee is concerned with the obligations of schools to educate all children in an environment of moral responsibility and physical safety that will enable each child to realize the promise of America, that is, human rights, dignity, equality, and justice. The problem of school safety will be aggravated by the nation's economic…