Reviews current legal interpretations regarding discipline of handicapped students. Proposes a model for fostering compliance with legal mandates when considering disciplinary procedures for such students. Principals should employ behavior management options (such as time-out techniques, use of school counseling and social workers, in-school…

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)

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…

Some superintendents'"zero-tolerance" stance on guns, drugs, and disruptive student behavior conflicts with federal laws (Individuals with Disabilities Act and Americans with Disabilities Act), which apply a "zero-reject" policy to many categories of students with disabilities. Superintendents should revamp policies and…

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.…

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…

Court decisions interpreting effects of Public Law 94-142 on traditional forms of public school discipline are reviewed, concluding that most forms of minor disciplinary remedies remain available to educators so long as they are also used with nonhandicapped students. However, legal problems arise with expulsion and long-term suspensions of…

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…

One of the more controversial issues that has come before the courts since the implementation of the Individuals with Disabilities Act (IDEA) concerns the imposition of disciplinary sanctions on students with disabilities. Because this issue is not directly addressed by the act, school administrators must turn to case law for guidance. This paper…

The impact of a college administrator's decision that imposes conditions on enrollment of an emotionally or mentally impaired student is examined in the context of constitutional and federal law, including Section 504 of the Rehabilitation Act of 1973. The school's responsibility in such cases is discussed including providing the student with…

Chapter 3 in a book on school law discusses a few of the many issues in the area of education for the handicapped which are being litigated in courts and agencies throughout the United States. Specifically, the chapter covers litigation regarding the application of the Education for All Handicapped Children Act, referred to as Public Law 94-142,…

This discussion addresses the legal issues in special education currently of critical concern to school administrators. It reviews outcomes of recent court cases, Department of Education policies, and legislative requirements concerning the following issues: (1) inclusion (a two-pronged test of compliance with mainstreaming requirements of the…

Handicapped students are now protected by specific statutes in addition to the broad constitutional protection offered all students. As the number of related statutes, regulations, and case law decisions grew, assimilation became increasingly difficult. This publication attempts to meet educators' need for a succinct guide in special education…