The basic requirements for fair school disciplinary proceedings were set down in the Supreme Court decision of Goss v. Lopez. The requirements are that students be given oral or written notice of both the nature of the rule (violation of which will result in punishment) and the nature of the specific violation and the intended punishment. In…

Discusses how PL94-142 may cause discipline dilemmas in schools, especially regarding suspension and expulsion, noting difficulties of determining separate discipline policies for handicapped and nonhandicapped students. Notes that the literature, the law, and the courts all point to the need for options for dealing with disciplining special…

The rights and privileges granted by the Constitution were affirmed for special-needs students through passage of the Individuals with Disabilities Education Act (IDEA). However, difficulties can arise when the duty of the school administrator to maintain order, discipline, and a safe environment clashes with special education students' rights to…

This document presents the transcript of an August 2000 Congressional hearing in Tennessee on school discipline and the Individuals with Disabilities Education Act (IDEA). An introductory statement by the Chairman of the House Committee on Education and the Workforce urges full funding of IDEA and introduces continuing problems with the…

This report discusses the outcome of a study that investigated the policies of three states that require educational services for all students who are suspended or expelled. The state education departments in California, Hawaii, and Nebraska were asked whether they had special legislation which requires that any student who is suspended or…

This article cites the incidence of corporal punishment in schools; levels of public support for it; and factors that place students with behavioral, emotional, learning, and mental disorders at risk for corporal punishment. Teachers are encouraged to educate themselves and others, to say no to corporal punishment, and to develop alternatives to…

A legal history of the logic behind the manifestation determination meeting was compiled based on a review of the literature. In addition a search of the Individuals with Disabilities Education law Reporter (IDELR) was conducted to identify manifestation determination cases decided after 1994 and before 2003. This time frame gave an indication of…

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)

This discussion of the discipline of students with disabilities notes rules and limitations that are different from those for the discipline of students without disabilities. Legal considerations in disciplining all students as well as those protected under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation Act of…

Reviews the 1997 amendments to the Individuals with Disabilities Education Act relating to short-term and long-term suspension. New protections for students with disabilities and the new tools for administrators to be used in addressing behaviors are discussed, including placement of students with disabilities in interim alternative-educational…

This pamphlet describes requirements under Section 504 of the Rehabilitation Act of 1973 relating to the discipline of students with disabilities. Information is provided on the educational requirements of the legislation, the due process procedures, the suspension and expulsion of students with disabilities, and the reevaluation process required…

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…

A collection of five articles focuses on some of the factors that promote quality education in public elementary and secondary education. Each article is accompanied by a list of sources, resources, and exemplary schools or programs. The first, on student discipline, discusses how to organize schools in ways that encourage disciplined behavior…

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…

Issues surrounding disciplinary exclusion of seriously emotionally disturbed children from public schools are addressed, along with applicable federal legislation, court cases, and Office of Civil Rights (OCR) opinions. Exclusion is defined as the removal from, or the prohibition of, participating in the public school program in part or entirety,…