Schools across the United States use abeyance agreements as an alternative to suspension or expulsion, yet little is known about them. These agreements allow students to avoid or reduce suspensions or expulsions, if they meet the terms of the agreement and waive certain due process rights. David Perrodin argues that these agreements enable school…

The West Virginia Board of Education (WVBE), recognizing the need for safe and supportive schools, revised its policy regarding student conduct. The result, "Expected Behaviors in Safe and Supportive Schools" (WVBE Policy 4373, effective July 1, 2012), put forth the behaviors expected of West Virginia's students; the rights and…

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…

This monograph reviews and analyzes decisions dealing with suspension or expulsion of students by public school authorities. The report focuses on recent court cases that reaffirm, amplify, or extend entrenched constitutional and common law principles undergirding the public educational system in the United States. The author considers the…

Dr. Mitchell Yell, an expert in special-education law, is interviewed on the 1997 amendments to the Individuals with Disabilities Education Act that will affect the discipline of students with disabilities. He addresses suspension and expulsion of students with disabilities, the required manifestation determination hearing, and…

Children with behavior disorders are difficult to educate, but exclusion from school is legally questionable, educationally irresponsible, and socially self-defeating. (Author/DW)

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

Practical guidelines are presented for implementing a discipline policy at the local level for students with disabilities, with suggestions for distinguishing policies affecting students in general and students with disabilities. Emphasis is placed on emerging issues and practical consequences. Relevant federal and state court decisions are cited,…

After summarizing the relevant federal laws regarding the educational rights of handicapped students, the author reviews recent cases regarding such students' suspension and expulsion. From court decisions, conclusions are then drawn about the legally allowable disciplining of handicapped students. (JW)

Discusses the negative aspects of suspension from school, especially its disproportionate impact on non-White students, and surveys some of the most commonly employed alternatives to suspension. (ST)

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…

A discussion of student discipline. Reports on a statewide investigation in Nevada on the effectiveness of a legislative initiative that attempted to facilitate the removal from the class or reassignment of disruptive students, focusing on the perceptions of administrators and teachers. (Contains three tables and six references.) (WFA)

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…

Zero-tolerance policies should not be used solely to rid the school of troubled students needing special counseling and mentoring. Administrators should involve teachers, parents, community leaders, and student representatives in formulating such policies. School-safety considerations and student rights must be balanced. (MLH)

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…