ERIC Number: ED315974
Record Type: Non-Journal
Publication Date: 1989-Sep-26
Disciplining Handicapped Students: Legal Considerations.
Osborne, Allan G., Jr.
Federal and state courts have held that disciplinary sanctions cannot be applied to handicapped students in such a way that they would be deprived of their legal rights to a free, appropriate public education in the least restrictive environment, as mandated by the Education for All Handicapped Children Act (EHA). This presentation outlines the due process provisions of the EHA and the "status quo" provision, which restricts changes that the school district may make in the child's placement without parental consent. Early litigation involving the EHA is described. A 1988 United States Supreme Court decision is traced through the district court and appeals court process. The decision, which ruled that handicapped students cannot be expelled for misconduct, at the same time upheld the use of normal disciplinary procedures such as suspensions. The policy implications and administrative implications of this decision are discussed. Forms for use in developing disciplinary policies and procedures and for documenting the use of disciplinary procedures are attached. 18 references. (JDD)
Publication Type: Speeches/Meeting Papers; Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Education for All Handicapped Children Act