The problem with suspensions is that they create a conflict of rights. On the one hand, there is the basic right of all students to obtain an education without violence, conflict, abuse, extortion, or intimidation. On the other hand, there is the right of the individual student to receive justice and due process. Recent court decisions support…

Judicial decisions have set boundaries on the ability of educational institutions to write rules governing student conduct and have defined the necessary components of a fair procedure to be used to assess disciplinary sanctions. This legal evolution affirms the respect shown students as citizens of the academic community. (Author)

Discussion of U.S. Supreme Court decision (Ingrahm V. Wright) asserting that the Constitution's Eighth Amendment does not protect school children against cruel and unusual punishment and that the due process clause of the Fourteenth Amendment does not require notice and a hearing prior to the imposition of corporal punishment in the public…

Reviews the 1997 amendments to the Individuals with Disabilities Education Act in the context of the law's history. Focused on are changes in Individualized Education Program requirements, mediation as a conflict resolution option, discipline of students in special education, and the required review of the relationship between a student's…

The courts have come to play an increasingly important role in educational policy making and the administrative management of our public schools. This is especially apparent in the context of school discipline where numerous and varied controversies have been translated into legal disputes over the past three decades, many of which have ultimately…

This paper identifies essential elements and definitions (under the 1997 Individuals with Disabilities Education Act Amendments) concerning procedural safeguard requirements when the behavior of a student requiring special education services prompts disciplinary action. These procedural safeguards include the requirement that Individualized…

This paper provides practical advice on reviewing and designing disciplinary procedures and is set in the context of incorporation of further education and sixth form colleges in England. Reasons are provided for having disciplinary rules, based on the Advisory Conciliation and Arbitration Service's (ACAS) Code of Practice. Relevant English…

This report discusses disciplining children with disabilities in schools, in the context of the legal requirements of the Individuals with Disabilities Education Act. Practical concepts are explained in terms of the school's responsibility to: (1) maintain a safe environment; (2) teach a code of discipline to all students; (3) use the…

This report describes a research effort to analyze extant information from state and local education agencies on the incidence and consequences of children with disabilities who bring weapons to school, engage in life-threatening behavior, or commit other acts of serious misconduct. Specific research activities included a review of existing…

This document, presented in question and answer format, provides guidance about legal requirements of the Individuals with Disabilities Education Act (IDEA) concerning the misconduct of students with disabilities and corrects the misunderstanding that students with disabilities are exempt from discipline under current law. It discusses recent…

Discipline is essential to quality education. A blueprint for classroom discipline is presented that is designed to restore discipline in the classroom. The plan calls for the participation and cooperation of parents, teachers, administrators, the school board, and the students. The plan is based on principles such as: (1) school administrators…

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…