Adjudication of allegations of student misconduct in campus living facilities is one of many responsibilities often held by residence hall staff. After receiving an incident report, these administrators may address concerns like roommate conflicts, fire safety, vandalism, and alcohol consumption with their residents in formal or informal meetings…

A national survey of 350 student conduct administrators set out to determine the ways in which the changing nature of their profession affected their personal lives, professional work, and beliefs about the profession of college discipline. The Concerns About Litigation Survey for Student Conduct Professionals revealed significant differences in…

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…

Autism spectrum disorder (ASD) is increasingly prevalent, intervention costs are high, and long-term outcomes are poor. Proactive implementation of evidence-based practices (EBPs; Steinbrenner et al., Evidence-Based Practices for Children, Youth, and Young Adults with Autism, 2020) through an assessment or planning process can lead to more…

Many school practitioners think of poverty as a kind of "culture," characterized by dysfunctional behaviors that can only be corrected by imposing harsh discipline on students. Further, beliefs about poverty are often used to justify racial disparities in disciplinary referrals, achievement, and enrollment in gifted, AP, and honors…

In 2017, the Supreme Court ruled on a special education case Endrew F. v. Douglas County School District. In this important case, the High Court addressed the degree of educational benefit necessary for a school district to fulfill the requirements for a free appropriate public education (FAPE) under the Individuals With Disabilities Education Act…

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"…

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…

A qualitative study of twelve student conduct administrators sought to capture their lived experiences relative to the impacts of federal and state regulation, case law, the media, attorney encroachment, parental involvement, and the use of litigation to supersede traditional processes on their professional work and personal lives. The interviews…

For more than 30 years, scholars and practitioners have debated how to distinguish emotional disturbance (ED) from social maladjustment (SM) when determining special education eligibility and need. Scholarship on the nature of ED and SM has paid little attention to the legal parameters of practice despite the fundamentally legalistic nature of…

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…

In this article, the authors examine the effect of legislation and litigation on the discipline of public school students. The authors explore how the courts have influenced discipline in schools, discuss the laws that affect discipline, provide a brief overview of students' rights in public schools, discuss the discipline of students with…

Public schools have historically embedded mechanisms for control within their policies and procedures through a variety of means. This article investigates a moderately sized integrated public school system in an upscale to low socioeconomic Big Ten university community in Illinois. Through descriptive measures, the author examines the racial…

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…