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…

In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution's requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of…

Starting with a constructive critique of legal articles in special education journals concerning transition services under the Individuals With Disabilities Education Act (IDEA), this article presents an empirical analysis of relevant judicial rulings for the period 1990-2016 that shows a prevailing prodistrict approach that is not otherwise…

To provide a missing piece to the legal foundation of professional development and practice for the individualized education program (IEP) process, the authors report the results of a comprehensive systematic analysis of court decisions specific to IEP-related procedural violations after the 2004 amendments of the Individuals With Disabilities…

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…

This article examines corporal punishment in U.S. public schools, proposes a national conversation regarding its use, and advocates for a national policy to promote nonviolent discipline methods and prohibit corporal punishment of children in educational settings. The United States remains one of the few postmodern societies without a national…

The authors note that when it comes to balancing free speech and schools' responsibilities, the online world is largely uncharted waters. Questions remain about the rights of both students and teachers in the world of social media. Although the lower courts have ruled that students' freedom of speech rights offer them some protection for…

Within the past few decades, scholars, lawmakers, and educators have increased attention to a specific type of aggressive behavior known as bullying. While bullying is like peer aggression and harassment, in that they all pertain to negative aggressive actions, there are important distinctions among these three forms of behavior. The key features…

Cyberbullying has been identified by school leaders and researchers as one of the most serious adverse consequences of incorporating information technology into the classroom. This article examines the legal status of cyberbullying by conducting an analysis of selected federal appellate court opinions. This analysis identifies a set of legal…

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

For more than 30 years, scholars and practitioners have debated how to distinguish emotional disturbance (ED) from social maladjustment (SM) when determining special education eligibility and need. Scholarship on the nature of ED and SM has paid little attention to the legal parameters of practice despite the fundamentally legalistic nature of…

This article provides a comprehensive and current synthesis of the legislation, regulations, policy interpretations, and case law concerning students with traumatic and nontraumatic brain injury from pre-K to grade 12. The primary focus is the Individuals with Disabilities Education Act, but the scope extends to other applicable legal bases. The…

Implied contractual duties of a teacher are the source of much misunderstanding among teachers, administrators, and boards of education. Exploration of the role of existing law in the implicit contractual responsibility of teachers provides direction to teachers and administrators in determining the rights, responsibilities, and privileges of…

It is suggested that educators be held accountable to their students for the quality and adequacy of the educational services they provide. Extension of liability to education can have a positive impact on the educational process. (Author/LMO)

In light of the trend towards lawsuits against professions, especially teachers and schools, the article describes events which commonly give rise to litigation against schools and teachers, describes the duty that Canadian law imposes on teachers, explains the concept of "supra parental" duty, and details several significant lawsuits.…