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Discipline: A Legal Perspective
Abstract
The concepts of discipline and law are linked together. Laws are often constructed to define what is considered acceptable conduct, and a form of discipline is often used to align unacceptable conduct to those laws. This is especially evident in the K-12 setting. Schools promote their brand of laws or “policies” to allow for an efficient education process with minimal disruption. However, when you are dealing with children who are not in full control of their impulses, disruptions are bound to occur. In the U.S., given the disproportionate sentencing and incarceration rates between whites and minorities, it can be reasonably deduced that the same phenomenon occurs within the K-12 school space as well. In consideration of these discrepancies, and U.S. constitutional concepts such as due process and equal protection are referenced. What exactly are they, and how do they come into play to correct these inequities? How do landmark cases argued in front of the U.S. Supreme Court citing these concepts help to frame what is considered acceptable discipline in the K-12 school space?
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