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…

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.…

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…

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…

This paper is intended to provide school officials and teachers with the necessary legal background, procedural requirements, and guidance for appropriate implementation of individualized educational programs (IEPs) with violent students with disabilities. Specifically it addresses: (1) the legal background of special education under the…

This pamphlet summarizes the responsibilities of school officials under Section 504 of the Rehabilitation Act of 1973 in administering nondiscriminatory disciplinary sanctions in the form of long-term suspension or expulsion of students with disabilities. It also summarizes the rights of disabled students and their parents or guardians in…

A question-and-answer format is used to summarize requirements concerning suspension and expulsion of students with disabilities under the Individuals with Disabilities Education Act Amendments of 1997. Questions address definitions, due process rights, suspension and expulsion as a "change of placement," the Interim Alternative…

This paper examines issues relating to suspension and expulsion of students with disabilities in Iowa and presents procedures and best practices which satisfy legal requirements and are based on judicial rulings. The following issues are considered concerning suspension: suspension of a special education student for more than 10 consecutive school…

The supplement to an earlier edition provides information on case developments relating to the labeling and grouping of both normal and exceptional children for educational treatment. Case summaries and notes are divided into five sections (sample topics are in parentheses): exclusion of exceptional children (the handicapped child's right to an…

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…