Learning or Hurting? Students With Disabilities Being Improperly Disciplined: Current Laws and Policies, Barriers, and Proposed Solutions

Children with disabilities are being abused at the hands of their teachers denying them of a free and appropriate education to which they are legally entitled. Teachers have been using the word “discipline” loosely to justify abusive behavior toward students in their classroom. This article is divided into three sections. First, the article will discuss the current laws that govern special education and the use of discipline techniques in the classroom. Furthermore, this article will present legal claims students can bring against their teachers including federal claims as well as common law claims. In addition, various teacher ethics guidelines pertaining to the treatment of students will be presented. Second, this article will explain the many barriers a student faces when trying to receive a proper remedy for the harm they have endured. Last, the article proposes a variety of solutions to all barriers children face in getting an adequate education free from abuse.