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…

Removing students from the classroom and placing them in remote instruction for their behavior is an emerging form of discipline (Jones, 2020). The purpose of this brief is to describe this form of discipline, examine its implications and potential negative impacts, and provide guiding principles for improving behavior through evidence-based…

In the age of litigation, teachers have a responsibility to protect students in their care from injury, to act as a reasonably prudent teacher would act to prevent loss or damage to their students, and to exercise sound judgement and authority over students, to correct misbehavior and to provide for their orderly instruction. Whenever a teacher is…

A substantial body of research suggests that a combination of social, organizational, and inner factors impact how educators implement and make sense of new policies. The way educators understand policies can influence how they act on them. This study sought to expand this research body into how educators made sense and implemented Michigan's…

Effectively engaging individuals with developmental disabilities is essential to Extension's diversity and inclusion mandate. The Centers for Disease Control and Prevention has reported that over 6 million individuals have developmental disabilities. We in Extension have the potential to include a proportionate number of individuals with…

At present, the problem of sustaining the law-abiding behavior of minors in educational institutions, identifying and eliminating the causes and conditions that contribute to the development of deviant behavior of students is becoming more and more topical. This paper presents the results of a monitoring study of the current state of the…

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…

This article is an overview of identification of intellectual disabilities (ID), with a focus on meeting legal and ethical requirements when assessing children from culturally and linguistically diverse backgrounds and those living in poverty. Specific procedures and recommended instruments will be reviewed.

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…

The Virginia Board of Education's "Student Conduct Policy Guidelines" were first developed in 1994 in response to action by the 1993 General Assembly requiring the Virginia Board of Education to establish such guidelines. In 2004, the "Guidelines" underwent a major revision in response to requirements of § 22.1-279.6. of the…

A qualitative, multiple case study examination of the perceptions of first through third grade teachers in the participating school district concerning preparedness for the challenges associated with inclusive classroom arrangements after attending a Teacher Education Program (TEP) was conducted in this study. It was revealed through both phases…