ERIC Number: ED215540
Record Type: Non-Journal
Publication Date: 1981-Sep
Reference Count: N/A
National Needs Analysis in Behavior Disorders. Working Paper: Disciplinary Exclusion.
Grosenick, Judith K.; And Others
The paper examines issues involved in disciplinary exclusion of seriously emotionally disturbed students. Distinctions are made between suspension and expulsion, and applicable federal legislation (including P.L. 94-142, the Education for All Handicapped Children Act and Section 504 of the Rehabilitation Act of 1973) is reviewed in terms of implications for free appropriate public education, least restrictive environment, due process, change of placement, and placement during proceedings. Four main issues surrounding disciplinary exclusion are considered: the relationship of the child's behavior to his/her identification as handicapped; limits to a school's responsibility to provide a free public education to handicapped students; decision making in disciplinary matters involving handicapped students; and procedural safeguards to be used if exclusion is elected. Court cases are cited which suggest that emergency exclusion of handicapped children is permitted so long as due process is followed, but that nonemergency (or permanent) exclusion may violate the mandates for free appropriate public education. Issues not yet addressed include whether individualized education programs should regularly include disciplinary consequences and possible effects of changes in the laws or regulations. Extensive appendixes include annotated court cases and relevant sections of federal legislation. (CL)
Publication Type: Reports - General; Guides - Non-Classroom; Legal/Legislative/Regulatory Materials
Education Level: N/A
Sponsor: Office of Special Education and Rehabilitative Services (ED), Washington, DC. Div. of Innovation and Development.
Authoring Institution: Missouri Univ., Columbia. Dept. of Social Education.
Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act; Rehabilitation Act 1973 (Section 504)