To establish effective school discipline policies, educators must understand the nature of and reasons for misbehavior, social and legal attitudes toward the school's disciplinary function, acceptable responses to disciplinary problems, and the components of effective policies. This booklet's first chapter considers the need for discipline in…

Discusses legal precedents on students' rights to counsel in discipline cases. Recommends that student affairs administrators not refrain from making professional judgements in educational contexts. Suggests that a critical review of procedural adjustments can enable institutions to proceed with fair disciplinary processes not defined exclusively…

This digest organizes the complex and interrelated issues concerned with student discipline into four questions, and suggests ways in which colleges and universities can deal with the issues raised. In answering the first question about what might be a proper role for institutions to play in student discipline, it suggests that an appropriate…

One of the more controversial issues that has come before the courts since the implementation of the Individuals with Disabilities Act (IDEA) concerns the imposition of disciplinary sanctions on students with disabilities. Because this issue is not directly addressed by the act, school administrators must turn to case law for guidance. This paper…

This review analyzes case law in the area of student press and distribution and offers some guidelines for developing and implementing school policy and rules. Litigation is reviewed in order to clarify students' rights, limitations on administrative authority in matters of censorship and prior restraint, and actions in connection with writing and…

One of a series of implementation documents prepared in conjunction with the revised minimum standards adopted in 1983 by the Ohio State Board of Education for elementary and secondary schools, this publication discusses the basic elements of a code of conduct for students that complies with the requirements set forth in the minimum standards.…

The purpose of this paper is to review the literature regarding some of the past practices of discipline and to explore the changes in discipline that have been made in our schools, the alternatives that have resulted, and a specific approach--in-school suspension--that has taken root in contemporary education as a result of this change. A review…

To stimulate interest in student's rights and responsibilities, this resource contains incomplete scenarios dealing with the consequences of knowing and not knowing the law, as it is applied to modern practical situations. The scenarios can be used in high school courses such as government, social problems, history, psychology, and business law.…

Chapter 18 of a book on school law summarizes court decisions that have established the responsibility of school officials, when taking disciplinary action, to conduct hearings to protect employees' and students' due process rights. The courts have used a balancing test to determine whether a trial procedure or a more informal procedure can be…

Two areas of law are examined in this paper: student free speech and immorality as the basis of teacher dismissal. These areas are discussed to exemplify an increasing impact of judicial decisions on school practices, and to support the argument that schools of education need to engage in teaching and research about law as it relates to education,…

These conference proceedings explore three major themes on student rights and responsibilities in public secondary schools, with the stated intent of facilitating progress toward an integrated school environment in which each student is (1) encouraged by a multiracial staff to participate fully, and (2) made to feel welcome as an equal member of…

Suggests that corporal punishment in the schools be abolished and presents alternatives to physical punishment. Proposes educators and other concerned individuals work together to form student problem committees, adjust classroom environment and improve the curriculum, and exercise their legal rights. (JAC)

Focuses on judicial reception of schools' attempts to curb violence, particularly predatory violence and psychopathological violence. School responses have been to create violence-prevention policies based on punitive measures or punish offending behavior after it has occurred. Such reactions may result in finding that schools have abridged…

This Academic Senate paper is in response to two resolutions from Fall 2005 concerning academic dishonesty. One resolution, 14.02, "Student Cheating," sought clarification on a System Office legal position that limits the ability of local faculty to fail a student for a single incident of academic dishonesty, and pending the result of…

This chapter focuses on 1981 cases involving students. The author notes that litigation involving pupils occurred with greater frequency in the areas of handicapped students, student testing, and church-state separation. The most important cases involving students concerned circuit courts of appeal decisions in the handicapped and testing areas.…