ERIC Number: ED405703
Record Type: Non-Journal
Publication Date: 1996-Sep
Reference Count: N/A
Challenging Abusive Filing of Juvenile Petitions against Children with Disabilities by School Officials.
Ordover, Eileen L.
This paper presents an outline and analysis of federal legislation and court decisions relevant to the exclusion of students with disabilities by school systems through the filing of delinquency and other petitions based upon in-school behavior. In many cases the behavior is related to the disability and/or to the consequences of the school system's past failure to provide appropriate educational and related services. The issue is examined in terms of these legislative acts or court decisions: Honig v. Doe, Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, the Family Educational Rights and Privacy Act (FERPA), and the Americans with Disabilities Act (ADA). Advocates for students are urged to look for 10 specific violations of rights under IDEA, Section 504, the ADA, and FERPA. In summary, these rights are: (1) the right under Section 504, the ADA, and FERPA. to be free from discipline for conduct related to a disability; (2) the right consistent with IDEA and FERPA to confidentiality of education records and personally identifiable information contained therein; (3) the schools' ongoing obligation under IDEA and the Section 504 regulations to identify and evaluate students who may have disabilities; (4) the right under IDEA and Section 504 to a free appropriate public education including related services and accommodations; (5) the schools' ongoing obligation under IDEA and Section 504 to respond to behavioral problems by reevaluating students, and reviewing and revising as necessary the services provided; (6) the right under IDEA and Section 504 to have educational decisions made by a team of qualified persons with parent involvement; (7) the right to be educated in regular settings with nondisabled peers to the maximum extent appropriate; (8) the right to access IDEA and Section 504 administrative due process hearing procedures; (9) the right of a student to remain in a current placement pending completion of IDEA administrative and judicial review proceedings; and (10) "stay-put" rights may only be disturbed by courts of competent jurisdiction under the circumstances set forth in Honig v. Doe. (Contains extensive footnotes and in-text citations of the pertinent laws.) (DB)
Publication Type: Information Analyses; Opinion Papers
Education Level: N/A
Authoring Institution: Center for Law and Education, Washington, DC.
Identifiers - Laws, Policies, & Programs: Americans with Disabilities Act 1990; Family Educational Rights and Privacy Act 1974; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)