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"…

Background/Context: Legal scholars have cited the Fifth Circuit's ruling in Dixon v. Alabama State Board of Education (1961) as the beginning of a revolution for students' rights that ended the in loco parentis relationship between colleges and their students. But little has been written about the students' activism that led to this seminal case.…

Background/Context: Legal scholars often contrast the litigiousness of contemporary American higher education with a bygone era characterized by near-absolute respect for academic authority. According to this account, a doctrine of "academic deference" insulated colleges until the 1960s, when campus protests and new federal regulations…

The zero tolerance policy movement across most of this country's school districts significantly limited school personnel's disciplinary alternatives for students who break rules on campus. This has resulted in millions of primary and secondary age students who have experienced suspension, arrests, and for some, expulsion. Within the student…

Disciplining students with disabilities has been a controversial issue among school officials, parents, and other members of school communities for many years. Federal law guiding administrative practice is codified in the Individuals with Disabilities Education Act of 2004 (IDEA), a lengthy, cumbersome, and sometimes difficult to understand…

Data collected by the US Department of Education in 2008 indicate that US colleges and universities enrolled 707,000 students with disabilities, divided roughly equally between public and private institutions. The survey found that 31 percent of these students reported learning disabilities, 18 percent ADD or ADHD, 15 percent mental illness or…

Research in the field of out-of-school suspension and expulsion in K-12 public schools is limited when focusing on violence, due process, weapons, drugs and alcohol, and search and seizure. Understanding the role of an administrator when dealing with out-of-school suspension an expulsion led the researcher to develop the following question: What…

This study's purpose is to investigate the expansion of social control efforts in American elementary and secondary school settings, particularly the use of zero-tolerance policies. These policies entail automatic punishments, such as suspensions, expulsions, and referrals to the juvenile and criminal justice systems for a host of school-based…

An increase of 88% in programs from 1990 through 2004, low GRE scores, low entry- level wages, declining pass rates in licensing tests, and an increase in ethical violations reported all support the contention that there are higher enrollment rates and decreased gatekeeping selectivity in today's graduate MSW programs. This article discusses four…

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…

In its August 2009 decision in "Atanya C. v. Dorchester County Board of Education", MSBE Op. No. 09-26, the Maryland State Board of Education expressed concerns about the lack of educational services to students who are placed on long-term suspension or expelled. The State Board committed to a comprehensive review of the issue including:…

The Fourteenth Amendment to the U. S. Constitution holds that states must provide due process and equal protection to those with a life, liberty, or property right. College students have a property and liberty interest in the public education that they receive and the courts require notice and hearing before a deprivation of one of these…

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…