Federal regulation protects handicapped students' education against unwarranted interruption without specifying procedures for disciplining handicapped students. This article reviews court decisions in disciplinary cases and provides procedural guidelines to follow in disciplining handicapped students. (MD)

Although a 1975 Supreme Court ruling upheld students' suspension or expulsion from school, these punishments may not apply to handicapped students, who are guaranteed a free, appropriate education under the Education for All Handicapped Children Act. Article discusses implications of "Honig v. Doe" (1988), a Supreme Court decision…

The author reviews cases involving suspension and expulsion from school of handicapped students. The role of procedural safeguards is considered. Differences between approaches of the office of Civil Rights and the Bureau of Education for the Handicapped are examined. (CL)

Examines Federal special education legislation for limitations on the right of public schools to discipline handicapped students. Describes the case of Stuart v Nappi, in which the plaintiff successfully fought disciplinary expulsion from school based on her status as a special education student. (MJL)

This pamphlet describes requirements under Section 504 of the Rehabilitation Act of 1973 relating to the discipline of students with disabilities. Information is provided on the educational requirements of the legislation, the due process procedures, the suspension and expulsion of students with disabilities, and the reevaluation process required…

Discipline of handicapped students is the topic of the lead article in this publication. The author first reviews recent cases regarding expulsion of handicapped students, including "Kaelin v. Grubbs," a 1982 case finding that the same due process procedures that apply to changing the educational placement for handicapped students must…

In an era promulgating "zero tolerance" of school violence, courts are giving considerable latitude to school officials in administering student discipline. The vast majority of student due process claims arising from suspensions and expulsions, including a recent marijuana possession case in Alabama, have failed in recent years. The…

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…

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

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,…

Despite the significant amount of attention given to student description, a serious controversy remains regarding the procedures that constitute effective discipline. This book is designed to meet the need for systematic investigation of the parameters of appropriate disciplinary practices for all students. It helps administrators formulate,…

This article addresses the substantial changes that Congress made in the 1997 amendments to the Individuals with Disabilities Education Act concerning discipline of students with disabilities. It analyzes both the procedural and substantive requirements related to suspending students, expelling students, and conducting functional behavioral…

This part of the School Management Handbook provides the elementary school administrator with an overview of civil rights issues affecting school discipline policy. The first section treats the requirements for providing due process and avoiding discrimination against minority groups when following disciplinary procedures. Section 2 covers…

The constitutional basis for laws concerning rights of the handicapped lies in the Fourteenth Amendment's equal protection and due process clauses. Recent litigation has been based on Section 504 of the 1973 Rehabilitation Act, P.L. 94-142. Significant court decisions affecting education have been handed down in five areas. Regarding right to free…

After a review of the legal foundations of school governance and specific protection offered handicapped students by federal legislation, this report focuses on Oregon regulations and practices and outlines recommendations for appropriate disciplinary procedures for students categorized as handicapped. Since the Education for All Handicapped…