Emotionally intense gatekeeping experiences can require counselor educators to engage in a complicated, time- and energy-consuming, and draining series of events that can last years and involve legal proceedings. Research related to counselor educators' experiences of intense emotions while gatekeeping remains limited. The aim of this…

The Zero Tolerance policy was intended to eliminate learners who are a danger to a learning institution (Henson, 2012). The development of this policy was to assist schools with better policing approaches of students conducts by employing tough disciplinary action and subsequently provide a safer learning environment. While the Zero Tolerance…

Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

A review of some basic concepts in special education law will help principals better understand the complex laws and regulations implicated in common situations. This article cites a case scenario that illustrates various potential issues under IDEA 2004 and Section 504 of the Rehabilitation Act. Chris is in the 10th grade, and his parents have…

Judicial review of decisions on student discipline is limited in Malaysia. This arises because of the general presumption that in the enforcement of school discipline, educators are able to act in the best interest of the student to maintain a safe learning environment. This article examines the range of disciplinary measures in Malaysian schools…

The 1997 Individuals with Disabilities Education Act amendments include discipline-related provisions that expand school officials' authority to deal with disabled students caught with weapons or drugs or exhibiting dangerous behaviors and clarify procedures governing manifestation determination, provision of educational services during…

This article comments on a paper by Mitchell Yell (EC 221 141) which asserts that five common law principles of suspension and expulsion retain their significance after the Supreme Court's decision in Honig v Doe. The article examines factors impacting on placement of students with disabilities, including litigation; federal regulations; and…

This paper responds to a commentary (EC 600 331) on a previously published paper (EC 221 141) discussing the Supreme Court's decision in the Honig v Doe case and its impact on suspension and expulsion of students with handicaps and on student placement. The paper responds to arguments presented in the commentary and notes misconceptions about the…

This monograph reviews and analyzes decisions dealing with suspension or expulsion of students by public school authorities. The report focuses on recent court cases that reaffirm, amplify, or extend entrenched constitutional and common law principles undergirding the public educational system in the United States. The author considers the…

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,…

This paper presents the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) as statutory frameworks for providing educational services for students with disabilities. The paper then addresses the issue of disciplinary exclusion as provided for in each of…

After summarizing the relevant federal laws regarding the educational rights of handicapped students, the author reviews recent cases regarding such students' suspension and expulsion. From court decisions, conclusions are then drawn about the legally allowable disciplining of handicapped students. (JW)

Suspension is often an inappropriate remedy for discipline problems since the students being suspended are inevitably those who most need to be retained in school. Other discipline methods that reinforce positive behavior warrant the consideration of school and civil authorities. Restitution, which allows juveniles to compensate for damages they…

This paper cites relevant court decisions and provides guidelines for expelling and suspending handicapped students for disciplinary reasons. The advantages of in-school suspensions are described, with discussions of policy, curriculum, and management considerations. Tables cover behaviors of handicapped students, a schedule for awarding…