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The article presents a study on court rulings in school discipline cases in the U.S. Based on their findings, the researchers concluded that the legal understandings underlying school discipline policies depart in significant ways from the case law on which they are assumed to be based. They also documented that legal challenges to school disciplinary actions are disproportionately the province of white and higher-income students and their families.

The article offers information regarding the unintended consequences of the existence of No Child Left Behind (NCLB) Act and zero tolerance policy in the U.S. It mentions that the said policies put administrators into social and political pressure which results to worst outcome for the school, students, and society. It cites that zero tolerance deprives students subject to expulsion of the right to learn from school.

Judicial review of decisions on student discipline is limited in Malaysia. This arises because of the general presumption that in the enforcement of school discipline, educators are able to act in the best interest of the student to maintain a safe learning environment. This article examines the range of disciplinary measures in Malaysian schools and the legal right of principals to establish the school's set of regulations. It also analyzes the law on student suspension and expulsion based on a dispute that was ultimately resolved by the Privy Council in the United Kingdom. [ABSTRACT FROM AUTHOR]

Suspension is the most common form of discipline in our schools. In some cases students facing suspension are removed from school for an extended period of time or referred for expulsion based on the findings made at the student's suspension hearing. Nevertheless, students have no legal right to have counsel participate in, or advocate at, suspension hearings. Additionally, schools for the most part do not offer students alternatives to suspension, such as mediation sessions or other programs designed to allow students to complete school or community work while on suspension. This Note discusses the problems associated with school suspension and suspension hearings. It also explains why providing students with legal advocates at suspension hearings will help promote due process and facilitate better decision making on the part of the student. Finally, it advocates for mediation as an alternative to suspension and suspension hearings, as research suggests that mediation would reduce suspension rates and the costs associated therewith. [ABSTRACT FROM AUTHOR]

This paper examined the effectiveness of in-school suspension (ISS) with high-school students who are protected under the Individuals with Disabilities Education Act (IDEA). The accepted purpose of ISS is to remove disruptive students from the classroom, thus giving these students the benefit of remaining in school where they can continue to work on assignments. This paper examined the merits of ISS and the legal issues involved in using in-school and out-of-school suspension for children with disabilities. The paper cautioned that the implementation of the re-authorized IDEA may lead to necessary changes in the procedural aspects of ISS. Considerations for improving the effectiveness of ISS Programs for students with disabilities are offered. [ABSTRACT FROM AUTHOR]

The article discusses the concept of faculty discipline involving legal and policy issues used in dealing with faculty misconduct cases. According to the author, the drafting and enforcement of faculty disciplinary policies had posted numerous challenges in the society. The author's discussions focused on the disciplinary actions used in nonacademic organizations, the development of standards for higher education faculty conduct, and litigation by faculty members who have undergone some form of formal discipline such as employee dismissal.

The article discusses administrative issues in special education pertaining to disciplinary practices, grading policies, and Section 504 plans in the U.S. The Congress has passed the latest reauthorization of Public Law 94-142, called the Individuals with Disabilities Education Improvement Act which contains changes in procedures for handling disciplinary violations committed by students with disabilities. Regarding grading policies, Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act permitted the use of modified grading as long as it is available for all students. Section 504 of the act indicates that students with disabilities should be provided with educational experiences that are comparable to those of students without disabilities.

Discusses the law on school discipline in England and Wales. History of education system; Introduction of home-school arrangements; Indicator of educational failure.

Administrators and teachers have long been challenged by student discipline problems. In the last few years more efforts have been aimed at the prevention of both disruptive and violent behavior through school-wide discipline programs. These programs have great promise as effective ways to address disruptive behavior. In this article we examine laws and policies that support the use of school-wide discipline programs. To do this, first we present a brief overview of the primary components of these policies. Next, we examine laws and court cases that address school-wide discipline policies and procedures. Finally, we discuss the legal implications when developing school-wide discipline policies and procedures. [ABSTRACT FROM PUBLISHER]

Examines perceptions and practice of discipline in urban black schools in South Africa, highlighting the legislation dealing with school discipline and strategies for dealing with misbehavior. Difference between learners' and educators' perceptions of discipline; Factors affecting behavioral problems of learners; Role of the principal and school governing body in establishing a culture of learning and teaching.

Explores the legal aspects of implementing school discipline illustrated by a case filed by a student against the San Marcos Independent School District in California. Background of the case; Identification of protected property interest issues; Examination of how legal provisions are misinterpreted by the lower courts.

Discusses the legal requirements and regulations on the discipline of students with disabilities in the United States found in the Individuals with Disabilities Education Act (IDEA) Amendments of 1997. Court-made requirements that schools must follow in disciplining all students; List of the disciplinary provisions of IDEA of 1997; How problem behaviors of students with disabilities should be addressed under IDEA of 1997.

Examines the scope and content of section 33 of the Constitution of the Republic of South Africa 1996 and the application of this section in school discipline. School governance and the Constitution; Administrative justice clause; Content of the right to just administrative action.

Presents a study which examines the Individuals with Disabilities Education Act 1997 amendments. Definition of terms used in the federal law; Discipline procedures for exclusion from current placement of ten days or less; Discipline procedures for suspension/expulsion of more than ten days; Discipline procedures for weapons/drug offenses and dangerousness.

The article offers information on a study regarding the growth of suspension and expulsion of students in the U.S. Topics include the development of strategies to enhance disciplinary actions in the schools, legislation on school discipline policies, and the practices to address the issue. Among the practices are availability of professional development to educators, developing school-based health centers, and implementation of alternative strategies to suspension and expulsions.

Explores the different conditions under which students with disabilities in the United States may be disciplined legally and effectively to preserve the rights guaranteed under the Individuals With Disabilities Education Act of 1997 (IDEA). Description of dual standard or differential treatment; When a free appropriate public education may occur; Terms under the IDEA policy.

Examines laws and legislation in the United States about disciplining students with emotional and behavioral disorders. Legal status of disciplinary procedures; Role of the individualized education program team; Disciplining dangerous students.

Focuses on the applicability of the federal exclusionary rule to school disciplinary proceedings in New York State. Brief description of state constitutionalism; Description of the legal context of school searches; Comparison of New York's exclusionary rule and the federal exclusionary rule; Role of judicial integrity as a justification of the exclusionary rule.

Analyzes how disciplinary policy affects the Latino population in Colorado as a result of the `Safe School Act' enacted by the state's General Assembly. Criticisms of the expulsion policy as a short-term solution; Recommended alternative policies; Includes `culturally competent preventive measures.'

The article discusses the school censorships. It states that the parents, the State and the students are some of the parties involved in school censorships and these parties may help to relieve some of the conflicts that have arises in the school in the recent years. It tells that the three model of public education are inculcation, free marketplace of ideas and a combination of the previous two. It mentions that the most effective way to instruct the ideals and principles of citizenship is for the teacher, students and administrators to behave in accordance with the forbiddances of the Bill of Rights rather than to read them from a history textbooks. It also adds that to exempt the students on a regular basis would result in problems of discipline.

The article examines the uneven spread of school criminalization in the U.S. It explains why school misconduct in the country, especially in inner cities is increasingly treated as crime. It briefly traces the multiple social and historical underpinnings of the criminalization of school discipline. While the article intends to sound a cautionary note for policy makers in Great Britain, it should also underscore for scholars that school surveillance practices are social and cultural products and as such, it is quite possible the metal detectors in British schools serve a radical different agenda than they do in some parts of the U.S.

Presents Supreme Court decisions on cases affecting education in the U.S., as of April 2005. Information on a case where a teacher was hired on a probationary basis to teach physical education to disabled students; Details of a case where parents of a sectarian elementary school disabled student sued the school district; Information on a lawsuit of a student who was dismissed from college after an altercation with another student.

Provides an overview of legal procedures available to school administrators under federal disability laws dealing with the suspension and expulsion of handicapped students in the United States. Analysis of common disciplinary procedures; School-enforced absences; Administrators' assumption of reactive roles when executing disciplinary measures.

The critical issue in this case was whether the school board overstepped its authority with the implementation of a new regulation that stated that students could lose their privilege of participating in extracurricular activities based on off-campus misconduct. [ABSTRACT FROM AUTHOR]