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)

Due process in school is an educational process for teaching the students that they are valued, that authority exists, and they they belong in the social unit. Historically, due process emerged as a way of guaranteeing rights and the privileges of governmental protection to a wider range of people in English and American institutions. The…

A Georgia school district standardized discipline procedures, codified offenses, and published the results in booklet form. A clear hierarchy of offenses specifies problems to be handled at the local school, at formal hearings, or at a special disciplinary committee. Students know what to expect, and administrators know how to proceed. (MLF)

Presents 11 guidelines, based on constitutional requirements, to help the school administrator to develop a firm and fair student discipline code. Condensed from "A Legal Memorandum", March 1981, published by the National Association of Secondary School Principals, Reston, Virginia. (Editor/SJL)

Considers legal and programmatic issues involved in having juveniles or their parents make financial restitution for delinquent acts. Makes recommendations to school officials on using restitution as part of school discipline policy. Condensed from "A Legal Memorandum," May 1981, published by the National Association of Secondary School…

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…

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,…

In cases of cheating, plagiarism, or violations of the law in dental education, a very high level of due process is required. University counsel can help administrators determine whether an accused student is professionally suited to dentistry by characterizing as many corrective actions as possible as academic under the rubric of "suitability to…

This article analyzes the legal requirements and regulations regarding the discipline of students with disabilities found in the Individuals with Disabilities Education Act (Amendments of 1997) as well as policy statements of the Office of Special Education Programs and the results of state-level due-process hearings. Guidelines for school…

A review of court opinions on school discipline suggests that the use of academic penalties as a sanction for student misconduct is widespread and increasing. In 12 cases during the past decade examined in this chapter, students won 5 and lost 7. In challenges of school board policies that assess academic penalties for truancy, students won in…

A review of court decisions indicates that schools may consider absence from class as a factor in overall academic evaluation and may impose academic penalties for absences due to truancy, suspension, or expulsion. However, academic penalties may not be imposed for misconduct that does not result in absence from class. (MLF)

Although problems of drug abuse, bomb threats, theft, and concealed weapons sometimes make search and seizure necessary, the student's rights must be protected through proper legal procedures. The article presents guidelines for conducting locker and personal searches and for educating students, teachers, and administrators on student rights. (DS)

The article reviews and synthesizes judicial rulings related to corporal punishment, behavior management strategies, suspension and expulsion, and residential placement. Recent court decisions are discussed; issues related to behaviorally disordered students' rights are examined; and recommendations for practice are presented. (Author/JW)

Discusses two cases in which federal courts stretched the boundaries of students' constitutional protection to void decisions it saw as palpably unfair. Suggests that the concepts of law and legalization instilled in educators can easily lead them astray. (MLF)

The purpose of these Utah behavioral intervention policies and procedures is to provide state-of-the-art guidelines for educators dealing with the behavior problems of students with disabilities. The standards serve to assure that students have access to effective education procedures and due process, and that school districts minimize their risk…