Data collected by the US Department of Education in 2008 indicate that US colleges and universities enrolled 707,000 students with disabilities, divided roughly equally between public and private institutions. The survey found that 31 percent of these students reported learning disabilities, 18 percent ADD or ADHD, 15 percent mental illness or…

Disciplinary measures that are reasonable for the nonhandicapped student may be unreasonable for a handicapped student. So maintains this nineteenth chapter of a book on school law dealing with regulations and judicial action related to discipline of handicapped students under the Education of the Handicapped Act. As interpreted by "Doe v.…

Notes that expulsion and suspension are incompatible with the goals of P.L. 94-142 and, therefore, are not available to schools as a discipline measure for special students. Outlines options the schools can create to deal with disruptive handicapped students. (IRT)

Handicapped children are not immune from a school's disciplinary rules but such children may have additional protection under Public Law 94-142. (Author/IRT)

Provides advice from a legal standpoint on discipline procedures for special education students. (WD)

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…

Discusses how PL94-142 may cause discipline dilemmas in schools, especially regarding suspension and expulsion, noting difficulties of determining separate discipline policies for handicapped and nonhandicapped students. Notes that the literature, the law, and the courts all point to the need for options for dealing with disciplining special…

Since 1979 many courts have handed down rulings in favor of handicapped children under the Education of the Handicapped Act. This twentieth chapter in a book on school law summarizes these cases. In "Kruelle v. Biggs," the court ruled that a school district must provide residential placement free of charge if such placement is necessary…

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 paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school…

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…

Recent court decisions concerning discipline of handicapped students are reviewed. The courts have not interpreted the Education for All Handicapped Children Act as unduly inhibiting traditional school discretion concerning minor infractions, but the legal intricacies of determining the relationship between handicap and misconduct makes expulsion…

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…

The Supreme Court's decision in "Honig v. Doe" indicates that a suspension of a dangerous handicapped student of up to 10 school days is valid. Decisions regarding the disciplining of handicapped students will have to be made on a case-by-case basis. Legal counsel should be sought. (MLF)

This booklet looks at selected recent court cases dealing with a number of questions regarding P.L. 94-142 and Section 504 of the Rehabilitation Act of 1973: (1) What is meant by "free appropriate" education? (2) Which services are considered "related services" and thus obligatory upon schools? (3) What procedural protections…