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Zirkel, Perry A. – Phi Delta Kappan, 1999
Parents whose learning-disabled son committed suicide after being suspended (without notice) sued the school district for violating the Individuals with Disabilities Education Act and their 14th Amendment due-process rights. They won summary judgment on the IDEA claim, but lost the school liability claim. The case will be retried. (MLH)
Descriptors: Behavior Problems, Court Litigation, Due Process, Learning Disabilities
Peer reviewed Peer reviewed
King, Ashley Thomas – NASSP Bulletin, 1996
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.…
Descriptors: Behavior Problems, Court Litigation, Disabilities, Due Process
Bowman, Jan E.; Frechtling, Joy A. – 1988
The study examined procedures utilized in 28 elementary schools in Montgomery County (Maryland) when a student is found to have academic or behavioral problems that make functioning in the regular classroom difficult. The study examined one part of special education--how the school system initially identifies students for special services. The…
Descriptors: Behavior Problems, Disabilities, Due Process, Educational Diagnosis
Fraser, Stephen R. – B. C. Journal of Special Education, 1987
Educational policy in British Columbia does not distinguish between special needs and regular class students in relation to discipline practices. Although Canadian courts have generally upheld the rights of school boards rather than the unspecified rights of special needs children, a recent court case suggests the possibility of change. (JW)
Descriptors: Administrative Policy, Behavior Problems, Board of Education Policy, Court Litigation