Legal Guidelines for Discipline in the Early Childhood Setting

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Legal Guidelines for Discipline in the Early Childhood Setting Grand Canyon University ECS-220 Professor Amie Tugwell 6/4/2023

When a school is dealing with a child that has a disability and is having behavior issues in class, the school must take appropriate steps according to IDEA part B and the 504 plan. The 504 plan states that the school must do an additional evaluation to see if the student’s disability is disrupting class. The school will need to do this before the removal of the student as well as the school can suspend the child from class or bus for 10 days and not more than that in a school year. If the student continues to have behavioral issues in class despite the schools using the 504 plans in place. The 504 team may feel that other services need to be implemented and or necessary. If this doesn’t work, then the team will need to do an additional evaluation to identify the student’s current needs and development and different supports. IDEA part B states that services will be provided for children 3-21 with disabilities through the public school system. This means that even though the child may be suspended they will still receive services through the school system. There are court cases that have happened because schools have disciplined wrongfully like Honig v. Doe in 1988, this student was being teased by other students and because of that the student attacked the other student and kick out a school window. Doe was suspended till the issue was resolved. The family didn’t like what happen and the Doe family brought action against school authorities under the Education of the Handicapped Act. There was another student who joined in on the case Jack Smith, he too had a similar situation. The family wanted the judge to dismiss the suspension and allow the children to go back to school. In another case

back in 1988 in a Nevada school district. Another case Eason v. Clark County School District There was a child Shawn Witte, who is about 13 years old, has been diagnosed with Tourette syndrome, asthma, attention deficit hyperactivity disorder and emotional problems. She went to the school for 3 years and in those 3 years she was physically, verbally, and mentally abused (Honig v. Doe 1987). This case is upsetting to me especially when they added another child to the list that too went to the same school and received the same treatment. Both Shawna and Derick sued the district and individual District personnel for violations of their constitutional rights to substantive due process and equal protection under the Rehabilitation Act, the Americans with Disabilities Act and state law (Eason v. Clark County School District 2002). Teachers are always looking for ways to implement good behavior in their classroom and by doing this we as teachers have to find strategies. When done right the behaviors in classroom can become less. One strategy that I think would be beneficial to the classroom is making sure that your classroom is set up in a way that can prevent bad behaviors from happening. When working in a preschool, we made sure that our classroom didn’t have many places for children to run around. Running in classroom can be dangerous and can start bad behaviors. Another strategy to use in your classroom would be developing rules in your classroom and putting them on the wall for the children to see, as well as always talking about them in class. Developing your expectations for your class will show the children that you are sticking to your rules and making them routines. When you apply these routines of words in your classroom, it becomes something they expect from you and another student. For example, “we need to us walking feet in the classroom, so we can be safe.” When a teacher sees something in the classroom that is working, they then can share it with the parents to see if they can use it or try it at home. Teachers use routines all the time,

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this shows the children what to expect. We could tell the parents that their child is thriving on the routines at school, and they could try and follow some sort of routines at home to see if that could help behavioral issues. An example of this would be when students come into the classroom, they are supposed to do the same thing every day. At home parents could do the same thing just about every day like a bedtime routine- dinner, bath, books, bed. Another thing that I think would be great to share with the parents is sharing the rules of your classroom and seeing if they could implement it at home with their child. When at school we are always trying to promote safety and using our word like “that’s not safe or we need to be safe.” At home parents could use the same rules that we use at school at home. That way the child will see that this is something that is important and that I should follow the rule. When we talk about behavior it can be an emotional thing for teachers, parents and especially the child. Behavior can be clues for things that we need to evaluate on the child to see if there is something we can do to prevent this behavior from happening again. Teachers and parents can work together to find preventable ways to add to the 504 plans. It's important for teachers to understand the rules and regulations of these plans and forms. To make sure that the rules and regulations are being followed in a timely manner for that child to be successful in life.

References Eason v. Clark County School District (2002) Legal research tools from Casetext . https://casetext.com/case/eason-v-clark-county-school-dist. Honig v. Doe (1987) Oyez https://www.oyez.org/cases/1987/86-728. Idea’s regulations on discipline (no date) Center for Parent Information and Resources . https://www.parentcenterhub.org/disciplineregs/. Preschool behavior management best practices (2023) Brightwheel . https://mybrightwheel.com/blog/keys-to-effective-preschool-behavior-management. Section 504 discipline fact sheet (2022) Department of Education . https://www2.ed.gov/about/offices/list/ocr/docs/504-discipline-factsheet.pdf.

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