The "Gun-Free Schools Act of 1994" ("GFSA") was reauthorized by Section 4141 of the Elementary and Secondary Education Act of 1965 (ESEA) as amended by the "No Child Left Behind (NCLB) Act of 2001" (Public Law 107-110). "GFSA" requires that each state or outlying area receiving federal funds under the ESEA…

The author reviews cases involving suspension and expulsion from school of handicapped students. The role of procedural safeguards is considered. Differences between approaches of the office of Civil Rights and the Bureau of Education for the Handicapped are examined. (CL)

Discusses issues related to implementing the new discipline provisions in the Individuals with Disabilities Education Act Amendments of 1997. Litigation that led to the new provisions is described, along with issues relating to conducting functional assessments, making a manifestation determination, generating interim placements, and cessation of…

The controversial discipline provisions of the 1997 Individuals with Disabilities Education Act (IDEA) are examined. It is suggested the provisions may serve to encourage systemic reform capable of dramatically affecting the educational and postsecondary careers of students with emotional or behavioral disorders and may assist in curbing…

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…

A review of the literature on special education and school discipline in light of the 1997 Amendments to the Individuals with Disabilities Education Act finds little evidence to support student suspension and expulsion. Support is offered for a unified system of discipline that preserves both a free and appropriate public education and a safe…

Provides a brief review of legal procedures that schools have available under the Individuals with Disabilities Education Act Amendments of 1997, and discusses problems with using suspension and expulsion, including recidivism, increased dropout rates, overrepresentation of minorities receiving suspension or expulsion, and indiscriminate…

This paper presents an outline and analysis of court decisions and federal legislation concerning required educational services for students with disabilities who are expelled from school for conduct judged to be unrelated to the disability. The analysis focuses on documentation of the right to continued education following disciplinary expulsion…

This synthesis document provides an understanding of current issues, policies, and practices in the application of school discipline to students with disabilities. The report contains three sections: (1) legal information including the provisions of the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of…

Court decisions interpreting effects of Public Law 94-142 on traditional forms of public school discipline are reviewed, concluding that most forms of minor disciplinary remedies remain available to educators so long as they are also used with nonhandicapped students. However, legal problems arise with expulsion and long-term suspensions of…

After a review of the legal foundations of school governance and specific protection offered handicapped students by federal legislation, this report focuses on Oregon regulations and practices and outlines recommendations for appropriate disciplinary procedures for students categorized as handicapped. Since the Education for All Handicapped…

The Gun-Free Schools Act (GFSA) requires that each state or outlying area receiving federal funds under the Elementary and Secondary Education Act (ESEA) have a law that requires all local educational agencies (LEAs) in the state or outlying area to expel from school for at least one year any student found bringing a firearm to school. Their…

Outlines new provisions in the reauthorized Individuals with Disabilities Education Act that benefit children with behavior or emotional disorders. Provisions that focus on keeping students in school, accurate assessment of student behavior, positive behavioral interventions, and children who bring weapons or drugs to school are discussed. (CR)

This paper presents an outline and analysis of federal legislation and court decisions relevant to the exclusion of students with disabilities by school systems through the filing of delinquency and other petitions based upon in-school behavior. In many cases the behavior is related to the disability and/or to the consequences of the school…

Chapter 3 in a book on school law discusses a few of the many issues in the area of education for the handicapped which are being litigated in courts and agencies throughout the United States. Specifically, the chapter covers litigation regarding the application of the Education for All Handicapped Children Act, referred to as Public Law 94-142,…