School personnel are using Schoolwide Positive Behavior Supports in public schools throughout the United States. A number of studies have evaluated the universal level, or Tier 1, of Schoolwide Positive Behavior Supports. In this study, the authors describe and analyze the interventions offered as options for use for Tier 2 in middle schools…

In this article, the authors examine the effect of legislation and litigation on the discipline of public school students. The authors explore how the courts have influenced discipline in schools, discuss the laws that affect discipline, provide a brief overview of students' rights in public schools, discuss the discipline of students with…

Two federal laws have been extremely important in providing rules and regulations to guide the educational placement of students with disabilities. The Individuals With Disabilities Education Act (IDEA) created a detailed set of guidelines to ensure an appropriate education in the least restrictive setting for students who are eligible for special…

This article first reviews the primary requirements of the Americans with Disabilities Act (ADA), then examines four recent U.S. Supreme Court cases that helped clarify who is entitled to its protection. The cases are Murphy vs. United Parcel Services, Inc.; Albertsons, Inc. vs. Kirkingburg (1999); Olmstead, Georgia Department of Human Resources…

A review of federal legal developments in education in the past 25 years addresses four issues: (1) student records, (2) the education of students with disabilities, (3) the civil rights of students with disabilities, and (4) school safety. Tables summarize major special education principles, special education court cases, and Supreme Court cases…

This article reviews and analyzes the functional behavioral assessment (FBA) requirements of the Individuals with Disabilities Education Act (IDEA) of 1997 and its regulations. It explores school district obligations under the law, including the need for training faculty to conduct FBAs, adhere to the procedures of IDEA, and provide quality…

This article examines the issue of student-on-student sexual harassment in legislation and litigation to determine the effects of the law on school districts. School districts are urged to fashion a student-on-student sexual harassment policy, provide inservice training, investigate complaints of harassment, and take action to resolve sexual…

Examines the legal basis for inclusion and presents four federal circuit court decisions that have addressed school districts' responsibilities to include students with disabilities in regular education classrooms. Recommendations are offered for educators and school administrators to follow to determine the least restrictive environment for…

Describes the case of Hartmann v. Loudoun County Board of Education, a case that was the first inclusion litigation that involved a student with autism who presented significant behavioral challenges. The court's decision upholding the student's placement in a special program is explored. (CR)

In 1999 the Supreme Court reaffirmed the responsibility of school districts to provide all necessary health services to students with disabilities as long as those services do not have to be provided by a physician. Analysis focuses on related rulings, facts of the case, related services under the Individuals with Disabilities Education Act, and…

Reviews Supreme Court case, New Jersey v. T.L.O., that established the right of school officials to conduct searches of students when the purpose is to maintain discipline, order, and safety in the educational setting. The need to have reasonable grounds for suspicion before conducting the search is emphasized. (CR)

Reviews the 1997 amendments to the Individuals with Disabilities Education Act in the context of the law's history. Focused on are changes in Individualized Education Program requirements, mediation as a conflict resolution option, discipline of students in special education, and the required review of the relationship between a student's…

This article reviews federal and state legal mandates to report child abuse. It addresses the issue of immunity from civil suit and criminal prosecution for reporting suspected child abuse or neglect, along with the criminal prosecution that may result if suspected child abuse or neglect is not reported. (CR)

This article first explains the legal basis of the movement to integrate students with disabilities into general education classrooms, including federal statutes, regulations, and judicial standards of case law. It then examines policy initiatives to include students with disabilities in systems of accountability and educational assessment. A…

This article addresses issues of confidentiality and the management of student records as affected by the Family Educational Rights and Privacy act (FERPA). It identifies violations of FERPA and relates FERPA to the Individuals with Disabilities Education Act. (DB)