The Politics of Discipline: Balancing School Safety and Rights of Students with Disabilities

Abstract

The present study examined how public school administrators negotiate discipline policies that are intended to protect the common good and the educational rights of students with disabilities. We investigated the political nature of these decisions and the strategies used in reaching them through interviews with administrators in 9 public high schools in New York State. Administrators were aware of a tension between individual rights and the common good when resolving discipline issues. The degree of tension was affected by a variety of factors including the way in which discipline hearings were conducted and the availability of resources. Finally, we found that administrators rely heavily on negotiating skills and processes as they implement policies that sometimes reflect competing democratic values.

Manifestation Determination Decisions and Students With Emotional/Behavioral Disorders

“…Instead, the general educators reported that the process was straightforward and one general educator reported that the meeting seemed to be a fair way of working with students with disabilities during behavioral incidents. Previous researchers concluded that general educators find disciplinary policies to be unfair to general education students (McCarthy & Soodak, 2007); however, special and general educators in the present study reported similar perceptions about fairness of the process. It is possible that the difference in teacher perceptions of the procedure reported in this and previous research reflects the different ways that the data were used by each group rather than an overall satisfaction with MDR procedures.…”

“…Although the MDR has been described as a dual standard of discipline and an unfair and unjust process for teachers and students alike (Bon et al, 2006;Frick & Faircloth, 2007;Koch, 2000;McCarthy & Soodak, 2007), the general educators in this research were not challenged by this aspect of the MDR provision. Instead, the general educators reported that the process was straightforward and one general educator reported that the meeting seemed to be a fair way of working with students with disabilities during behavioral incidents.…”

“…Administrators express frustration with MDR as they attempted to schedule meetings and gather required personnel (McCarthy & Soodak, 2007). Furthermore, administrators report pressure from teachers, students, and the community in regard to MDR decisions.…”

“…Concerns regarding equity or fairness also affect MDR team members. The use of MDR with students served by special education is sometimes viewed as a dual standard of discipline that is unfair and unjust for teachers and students alike (Bon et al, 2006;Frick & Faircloth, 2007;Koch, 2000;McCarthy & Soodak, 2007). For example, Dupre (2000) described a case where a middle-school-aged student committed from 11 to 19 aggressive acts per week over a 2-year period, the results of many of which required treatment by the school nurse.…”

Special Education Litigation Update: Implications for School Administrators

“…The complex nature of discipline provisions and procedures in the law along with the concern over differential standards applied to students with disabilities has been a persistent concern (McCarthy, & Soodak, 2007; see also Ryan, Katsiyannis, Peterson, & Chmelar, 2007). In [2006][2007]552,992 students with disabilities were suspended/ expelled out-of-school for 10 days or less while 75,864 students with disabilities were suspended/expelled out-of-school for more than 10 days (Data Accountability Center, 2009).…”