ERIC Number: ED194966
Record Type: RIE
Publication Date: 1980
Reference Count: N/A
Discipline of Special Education Students.
Any action by a public school that interrupts access of handicapped students to an appropriate education is regulated by federal laws, including the Education of the Handicapped Act and Section 504 of the Rehabilitation Act. Disciplinary sanctions such as suspensions and expulsions are included among these interruptions. Decisions in three court cases and two consent agreements regarding the responsibilities of schools when disciplining the handicapped indicate several factors that should be considered. First, federal regulation requires evaluation by a team of experts before a handicapped child's educational placement can be changed, as it would be by expulsion. A second factor is whether the behavior provoking disciplinary action is directly related to the handicap, a matter that requires professional evaluation. Third, misbehavior itself may be an indication that the student's program is not appropriate, so frequent disciplinary action should trigger the evaluation process. Finally, misuse of disciplinary procedures in dealing with handicapped students may make schools liable for damages. (Author/PGD)
Descriptors: Court Litigation, Disabilities, Discipline Policy, Elementary Secondary Education, Equal Education, Expulsion, Federal Legislation, Legal Responsibility, Mainstreaming, Student Rights, Suspension
Not available separately; see EA 012 963.
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 17 of "School Law in Contemporary Society"