The present study was conducted to determine whether the problem characteristics of U.S. students school-identified with emotional disturbance (ED) have changed over two decades. We used data from a teacher rating instrument designed to measure the five problem characteristics of ED, as stated in its Individuals with Disabilities Education Act…

Thirty-one U.S. states have laws that may result in students being arrested for misbehavior in school that is often considered a low-level rule violation. The problems with these laws include the vagueness and subjectivity of the language of the law. As a result, the enforcement of such laws has been criticized as being discriminatory, especially…

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…

While functional behavioral assessments (FBAs) are currently federally mandated requirements, public schools have not been provided clear federal guidance concerning what constitutes an acceptable FBA through Individuals With Disabilities Education Act or related regulations. The purpose of this article is to examine recent rulings regarding FBAs…

Since the reauthorization of the Individuals With Disabilities Education Act (IDEA; 1997) through the current reauthorization (IDEA 2004), disciplinary procedures and functional behavioral assessment (FBA) have been widely used in school districts to assist in the prevention and amelioration of problem behaviors. Although researchers have…

Manifestation determination is a mandated provision for deciding whether a student's misbehavior is related to his disability and, consequently, whether cessation of services is allowed. This article critiques this provision by reviewing relevant case law and legislation, examining the mandate's social context, and questioning the validity of…

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…