1. Behavior Management: Positive Applications for Teachers, Sixth Edition © 2012, 2008, 2005 Pearson Education, Inc. All rights reserved. Chapter 2 Legal Considerations for Public Schools

2. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-2 Teachers’ Duty to Enforce Discipline In loco parentis In place of the parent All students have rights in disciplinary matters based on the due process clause of the Fifth and Fourteenth Amendments.

3. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-3 Students’ Due Process Protection Two general areas of due process rights afforded to students Procedural due process Substantive due process (Goss v. Lopez, 1975) Applies only to short suspensions of under 10 days

4. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-4 Procedural Due Process: The Right to Fair Procedures Must be fairness of methods and procedures in implementing discipline

5. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-5 Substantive Due Process: The Right to Reasonableness Protection of students from violation of rights Reasonableness of disciplinary procedures (Valente & Valente, 2005)

6. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-6 Summary of Due Process Protections Two fundamentals in developing rules and disciplinary procedures: Rules must be clear Rules must have a school-based rationale Consequences clearly stated Applied in a fair and consistent manner

7. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-7 Disciplining Students with Disabilities IDEA Created a detailed set of rules and guidelines to ensure the appropriate education of students who were eligible for special education programs

8. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-8 Disciplinary Provisions of IDEA 1997 and 2004 Suspensions and Expulsions Short-term and suspensions Serial suspensions Long-term suspensions and expulsions The Manifestation Determination Review of the relationship between a student’s disability and misconduct The interim alternative educational setting

9. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-9 Provisions Continued… Proactively addressing behavior problems of students with disabilities Summary of disciplining students with disabilities IDEA 1997 and IDEA 2004 have been the subject of much controversy Both emphasize proactive, positive behavioral supports and interventions

10. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-10 Schoolwide Discipline Focusing on teaching appropriate behavior while preventing misbehavior from occurring Developing schoolwide discipline policies Rules and consequences Programming for students with serious behavior problems

11. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-11 Implications for Teachers and Administrators Develop school district disciplinary policies and procedures Proactively address problem behavior Provide training in behavioral interventions to teachers Document disciplinary actions Evaluate the effectiveness of interventions

12. Behavior Management: Positive Applications for Teachers, 6e – Zirpoli ISBN: 0137065221 © 2012, 2008, 2005 Pearson Education, Inc. All Rights Reserved. 2-12 Summary School districts and personnel have… A legal responsibility to ensure safe, orderly learning environment. To develop school-wide discipline plans. To define, teaching, and reinforce appropriate behaviors. To focus on positive, proactive models. To provide FBAs and BIPs for most serious problem behaviors.