In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…

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"…

For this sixth article in a series reviewing recent court decisions concerning appropriate school psychology practice from both professional and legal perspectives, the author summarizes a case in which an Oregon school psychologist provided foster care for a child with severe behavior problems and subsequently was reported for gross neglect of…

In the last several years there have been multiple stories regarding the use of seclusion in schools in national news outlets (Blacker, 2012; Charis-Carlson, 2017; Hefling, 2012; Lichtenstein, 2012; National School Boards Association (NSBA), 2014; Nicosia, 2016; Richards, 2012; St. George, 2014; Tilotta, 2014). The Council for Children with…

The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…

In this article, authors Carl Smith, Antonis Katsiyannis, and Joseph Ryan respond to Zirkel's most recent article, "The Law in the Special Education Literature: A Brief Legal Critique," published in this issue of "Behavioral Disorders." Smith, Katsiyannis, and Ryan begin their response by saying that "The Law in the…

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…

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…

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 explores the many issues involved in establishing the diagnosis of intellectual disability in a so-called Atkins (death penalty exemption) hearing. Among the issues addressed are the need to go beyond IQ scores in establishing intellectual deficits, the need to go beyond rating scores in establishing adaptive behavior deficits, the…

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…

In this article, the authors examine the effect of legislation and litigation on the discipline of public school students. The authors explore how the courts have influenced discipline in schools, discuss the laws that affect discipline, provide a brief overview of students' rights in public schools, discuss the discipline of students with…

Recent federal rulings suggest that schools can no longer ignore student-to-student sexual harassment. Harassing behavior is a warning sign that the harasser may be a sexual abuse victim or an incipient juvenile sex offender. Bullying and sexual harassment are not the same. Guidelines for administrators are included. (MLH)

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…