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Courting Disorder in the Schools

NCJ Number
177269
Author(s)
A Thernstrom
Date Published
1999
Length
17 pages
Annotation
This discussion of disorder and disciplinary problems in schools focuses on the legal doctrines that have expanded students' rights and that exempt certain students from severe disciplinary actions; the analysis concludes that recent violent incidents in schools may force judges and legislators to heed parents' desire for improved school discipline.
Abstract
Shootings in schools remain rare, but substantial proportions of students, parents, and teachers are concerned about verbal abuse, fights, vandalism, and other behavior problems in schools. School discipline is complicated by concerns about criminal and civil lawsuits and by the Individuals with Disabilities Education Act (IDEA), which exempts students who qualify for special education from long-term suspensions, expulsion, and other severe measures. These protections undoubtedly shape disciplinary strategies for ordinary students as well. United States Supreme Court decisions and Federal legislation regarding students with disabilities have sharply limited the authority of schools. Thus, schools can use metal detectors, surveillance cameras, and other means to discourage violent crime, but it is hard for them to get rid of the disruptive students who attend school erratically, swear at the teachers, start fights, and do almost no schoolwork. At best, good principals and skilled teachers can use strategies to limit the educational damage. Nevertheless, the killings at Columbine High School may mark a turning point that will make judges and legislators recognize the strong desire of both parents and the public for discipline in the schools.