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Created with Fabric.js 1.4.5 start from scratch[clears the canvas] Caitlin Genord ED 492 When? Start Date: November 1987 Decision Issued: January 1988 What Happened? Honig v. Doe was the first Supreme Court case dealing with the discipline of special educationstudents Two students fromCalifornia who were both identified as "emotionally disturbed" were involved in an altercation causingviolence The San Franciscoschool district decidedto suspend the students for violent behavior and misconduct caused by their disabilities This was a violation of the Education for All Handicapped Children Act of 1975. Under thisact students have a right toa "free and appropriate public education Boscardin, Moyer, and Scarpati John Doe Jack Smith -17 year old with anger and impulse issues-Physical disabilities: speech difficulties and abnormalities-Had a history of being bullied by his peers -When a fellow students was bullying him, he respondedby choking the student and leaving marks on his neck. -John also kicked out a window on his way to the principles office.-Was suspended for 5 days after the choking incident -Jack was labeled as emotionally disabled in the 2nd grade. -Experience hyperactivity and had a low self-esteem-Moved between alternative schools and special education-His IEP required that he only attend 1/2 days of school becauseof his bad behavior -Upon making more inappropriate comments to female students Jack was suspended form school for 5 days. Bartlett 1989 Bartlett 1989 vs. Bill Honig California Superintendent of Public Instruction: Honig sought review of this case claiming that the stay-put provision "conflicted with several other courts that had recognized a dangerous exception." United States Supreme Court 484 U.S. 305 (1988). Courts District State Supreme District ruled that the school could not issue anything more than a 2-5 day suspension without parent consent before a EHA meeting Court concluded that a 30 day suspension did not fall under provisionsand that the state must provide servicesif the local agency fails to do so. "We believe the courts below properly construed and applied, except insofar as the Court of Appeals held that a suspension in excess of 10 school days does not constitute a 'change in placement.'" This meant that the Supreme Court ruled that the students could not be suspended for more than 10 days. Verdict Once the Supreme Court got involved, they stuck up for the students rights to a public education. This meant that the students could not beexcluded from school because their behavior was explicable in relationto their disability. Impact As a result of this case, Congress changed the pendency and change in placement rules in 1994. The new exception allows suspension of a student with a disability who brings a gun to school for more than 10 days. Implications As teachers we must be well aware of our students with special needs and well aware of what attitudes and behaviors they are likely to possess. This means we will be able to recognize when a disciplinary issue is related to the disability or not. We must document any and all behavior issues especially with studentswho have emotional disturbance and exceptional needs. These issues call for alternative programs for students who may not be able to function in the regularclassroom due to an emotional disturbance. The misperception that educators are supposed to tolerate such behavior is largely the result of the unclear administrative procedures outlined under the Education for All Handicapped Children Act of 1975 and the Supreme Court decision in Honig v. Doe I think the Supreme Court upheld an important decision because at the end of the day these students behavioral issues were clearly related to their disabilities. I believe the students could benefit from a more secluded educational setting since they have issues related to their peers. However, the LRE is an important part of special education in public schools. I think it is most important to consider the student and parent's of that students personal desires. My Opinion Scenario This case was important for all teachers because it reminds us that we must really know our students and their disabilities. Although this behavior may not have been preventable, the educator and superintendent could have understood that the student's emotional disturbances had a great affect on how the student's discipline. This could happen in a general education classroom. If a student with an emotional disability got into a physical altercation with another student and hurt them physically,the student could not be suspended for more than 10 days. As the students general education teacher, it would be important to know how to respond to this kind of behavior. Lehr and McComas United States Supreme Court 484 U.S. 305 (1988). United States Supreme Court 484 U.S. 305 (1988). As a result of this case, Congress changed the pendency and change in placement rules in 1994. The new exception allows suspension of a student with a disability who brings a gun to school for more than 10 days. extended bibliography attached Honig v. Doe
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