ERIC Number: ED384192
Record Type: RIE
Publication Date: 1995-Jun
Reference Count: N/A
Discipline of Students with Disabilities: An Update.
Legal Memorandum, Jun 1995
Practical guidelines are presented for implementing a discipline policy at the local level for students with disabilities, with suggestions for distinguishing policies affecting students in general and students with disabilities. Emphasis is placed on emerging issues and practical consequences. Relevant federal and state court decisions are cited, including the U.S. Supreme Court's decision in Honig versus Doe. Issues of concern include: due process protection for students classified as disabled before expulsion or long-term suspension of more than 10 days; the legal basis stipulating that students with disabilities can be treated in the same manner as students without disabilities for short-term suspension and other typical disciplinary measures; petitioning for a court order temporarily changing the student's placement when the individual presents a continuing threat of disruption; relationship of the student's misbehavior to the disability; continuation of educational services following expulsion or long-term suspension; other situations such as successive short-term suspensions; use of drugs or alcohol or carrying a weapon by a student classified as disabled and applicable disciplinary procedures. (Contains approximately 50 citations to court cases). (SW)
Descriptors: Behavior Problems, Compliance (Legal), Court Litigation, Disabilities, Discipline Policy, Due Process, Elementary Secondary Education, Expulsion, Student Behavior, Student Placement, Student Rights, Suspension
National Association of Secondary School Principals, 1904 Association Dr., Reston, VA 22091-1537 ($2, members; $3, nonmembers; quantity discounts available).
Publication Type: Collected Works - Serials; Guides - Non-Classroom
Education Level: N/A
Authoring Institution: National Association of Secondary School Principals, Reston, VA.