This manuscript presents findings from a study of the contributing factors and details of special education due process hearings in the United States that involved students with emotional and behavioral disorders. The study examined 101 due process hearings conducted over a three-year period in a five-state sample: California, Illinois,…

This study examined disciplinary exclusion data from 77 schools implementing school-wide positive behavior support (SWPBS). The authors examined (a) patterns of exclusion in schools implementing SWPBS; (b) associations between decreased exclusions and SWPBS implementation at the whole school level, the classroom level, the nonclassroom level, and…

Suspension and expulsion are widely used to exclude students with and without disabilities who present problem behaviors in school, despite contentious legal debate and evidence associating these methods with high ecological stress and problematic developmental outcomes. Using selected participant data (N = 1,824) from the SEELS study, the study…

The paper presents the view that many Australian students excluded from school for disruptive behavior may require special services on the basis of a disabling condition. Descriptive data for 124 students (ages 10-17) and a case study are presented to support this position, along with discussion of legal and service delivery implications…

The paper review Florida's use of the individualized education program (IEP) in addressing discipline issues with behaviorally disordered students. The impact of court rulings on school discipline policies and procedures are examined. IEP components and development are reviewed, and inclusion of disciplinary procedures in the IEP is considered.…

This position paper of the American Federation of Teachers (AFT) addresses issues related to the discipline of students with severe behavior disorders or other disabilities. It specifically considers: (1) placement of disruptive and/or dangerous students; (2) cost issues of alternatives to suspension and expulsion; (3) legal parameters under the…

This book is intended to assist in the formulation, implementation, and evaluation of more effective, legally sound disciplinary policies and procedures for all students in school. Case histories, court decisions, literature reviews, and positive education practices regarding the use of properly created intervention plans are available in many…

This study examined whether acts leading to suspension or expulsion of students with disabilities were different from those committed by other students, based on a survey of 441 Kansas secondary school principals. Students with disabilities were found to be more than twice as likely to be suspended/expelled than other students, with 87 percent of…

This collection of issue papers addresses the inclusion of students with disabilities who are labeled disruptive in general education classrooms. The publication begins by summarizing new provisions in the Individuals with Disabilities Education Act (IDEA) Amendments of 1997. The provisions make it clearer that students with disabilities must be…

A question-and-answer format is used to summarize requirements concerning suspension and expulsion of students with disabilities under the Individuals with Disabilities Education Act Amendments of 1997. Questions address definitions, due process rights, suspension and expulsion as a "change of placement," the Interim Alternative…

One of the more controversial issues that has come before the courts since the implementation of the Individuals with Disabilities Act (IDEA) concerns the imposition of disciplinary sanctions on students with disabilities. Because this issue is not directly addressed by the act, school administrators must turn to case law for guidance. This paper…

This discussion addresses the legal issues in special education currently of critical concern to school administrators. It reviews outcomes of recent court cases, Department of Education policies, and legislative requirements concerning the following issues: (1) inclusion (a two-pronged test of compliance with mainstreaming requirements of the…

This resource guide is designed to assist practitioners in implementing the 1997 amendments to the Individuals with Disabilities Education Act (IDEA) as they make decisions regarding the education placements of students with disabilities who exhibit dangerous behaviors. In addition, suggestions are included to assist schools in developing plans to…