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"…

Disciplining students with disabilities has been a controversial issue among school officials, parents, and other members of school communities for many years. Federal law guiding administrative practice is codified in the Individuals with Disabilities Education Act of 2004 (IDEA), a lengthy, cumbersome, and sometimes difficult to understand…

This study's purpose is to investigate the expansion of social control efforts in American elementary and secondary school settings, particularly the use of zero-tolerance policies. These policies entail automatic punishments, such as suspensions, expulsions, and referrals to the juvenile and criminal justice systems for a host of school-based…

In its August 2009 decision in "Atanya C. v. Dorchester County Board of Education", MSBE Op. No. 09-26, the Maryland State Board of Education expressed concerns about the lack of educational services to students who are placed on long-term suspension or expelled. The State Board committed to a comprehensive review of the issue including:…

Counselor educators today are faced with a difficult dilemma. They are mandated to dismiss students they judged to be unfit and irremediable, yet they risk legal action whenever executing a student dismissal decision. Their duty to protect the public must be weighed against the liabilities of costly litigation to institutions, programs, and…

The paper reviews litigation and discusses issues related to suspension and expulsion of handicapped pupils. Recommendations for reviewing school disciplinary codes are made and for clarifying the relationship between misbehavior and handicapping conditions. An active role for special educators in this process is suggested. (Author/CL)

Historically, public school officials have acted without consideration for due process in issuing grades to students, in excluding students from school for academic failure, and in lowering grades as a means of disciplining students. The constitutionality of these actions is challenged and recent court cases are reviewed. (Author/KC)

Discusses nine types of court approved disciplinary measures available to schools and teachers. These include detention and in-school suspension, corporal punishment, physical restraint, grade reduction, denial of extracurricular participation, and suspension and expulsion. Synopses of significant legal decisions covering the application of school…

This paper examines the reported decisions, one unreported decision, and two Attorney Generals' opinions that deal with school punishment for the use of drugs and alcohol off campus and with suspensions pending criminal charges for student offenses committed off school property. (Author)

The United States Supreme Court decision in "Honig v. Doe" precludes school officials from unilaterally excluding special needs children who become disruptive. School officials may use disciplinary procedures applicable to all students or seek judicial relief to obtain alternative placements for handicapped children. (MLF)

There are specific legal restrictions on types of school disciplinary measures. The courts have tended to uphold traditional notions of school discipline, measuring these by the common-law yardstick of reasonableness or viewing the schools "in loco parentis." This article reviews major court decisions involving detention, corporal punishment,…

Examines Federal special education legislation for limitations on the right of public schools to discipline handicapped students. Describes the case of Stuart v Nappi, in which the plaintiff successfully fought disciplinary expulsion from school based on her status as a special education student. (MJL)

In 1975, the Supreme Court decision in "Goss versus Lopez" established the foundation of procedural law in student suspensions. This text focuses on procedural aspects of the expulsion and suspension of students. It is devoted to the elementary and secondary public-school settings involving regular-education students. It describes how…

Legal considerations in student discipline policies, particularly expulsion, and the rights of handicapped students are discussed in this paper. The public school administrator's dilemma is to uphold students' legal rights while maintaining a safe learning environment for all students. A review of recent litigation concludes that implementation of…