Disciplining Students with Disabilities

Discipline refers to procedures that teachers use to maintain a classroom climate conducive to learning (Walker, Colvin, & Ramsey, 1995).Teachers generally think of discipline as techniques they can use to manage misbehavior (Curwin & Mendler, 1988;Walker, 1995).We believe that discipline involves more than just using procedures to control student misbehavior.It also is a means to teach students about the effects of their behavior on others and to help them learn to control and manage their own behavior.Discipline should maintain an effective classroom environment and positively affect the lives of students in that classroom.Discipline long has been an important concern of administrators, teachers, and parents.Thus, it is not surprising that courts and legislators have addressed issues regarding the use of disciplinary procedures with students in the public schools.In fact, the law has been an important force in the development of ways in which we use discipline.Therefore, we must understand the legal requirements and constraints that guide school personnel when disciplining students.Three sources of law directly affect discipline in schools:1. Legislation 2. Regulations 3. Litigation.The first source of law, legislation, refers to statutes that either the U.S. Congress passes on a federal level or a state legislature passes on a state level, which become laws when they are signed by the President or a governor.The Individuals with Disabilities Education Act Amendments (IDEA) of 1997 is an example of a federal law that has affected the discipline of students with disabilities.School personnel must be aware of and follow both federal and state laws. MAY 2001When Congress and state legislatures pass statutes that become laws, they delegate authority to administrative agencies to create rules that will implement the laws.These rules, called regulations, add specific information to the laws.For example, the U. S. Department of Education wrote the regulations for the IDEA '97.These regulations, which took effect on May 11, 1999, provide additional detail that assist state education agencies and local school districts to carry out the provisions of the IDEA.Regulations have the force of law.This means that they must be followed and that violating a regulation is as serious as breaking the law.