Analyzing a
Court Decision
An overview of IDEA/Discipline
presented by Bart Fennemore
Disciplining
Case: Honig v. Doe
Court: 484 U.S. 305 (1988)
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The Stay-put Provision
Students that are deemed a danger to themselves or others are able to be
removed from the classroom; their placement will not change until court
proceedings have concluded.
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Study carrels
Timeouts
Detentions
Restriction of privileges
Up to 10 school days temporary suspension in the case that they pose an
immediate threat to the safety of others.
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During the time that a student is outside of the classroom gives schools the
ability to...
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Review the IEP of the student
Persuade the parents to agree to a change in placement
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PARENTAL CONSENT IS KEY - The protections for disabled students are put in place in
case parents do not agree with school recommendations/requests.
Seek the aid of the courts in the case that things have not be resolved
Disciplining
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Case: PARC v. Pennsylvania
Case: Mills v. Board of Education
Dealt with the exclusion of "hard-to-handle" disabled students
Case: Texas City Independent School District v. Jorstad
Court: 752 F. Supp. 231 (S.D. Tex. 1990)
School was allowed to change the placement of an aggressive
student with multiple disabilities
List of offensives
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30 assaults on others
Running into other classrooms
Attempted jumping from a second story window
Extensive damage to a time-out room
Extensive use of profanities
Attempted running in front of a moving car
Amendments to IDEA
20 U.S.C. §1415 (2004)
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Special circumstances for removal
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Not more than 45 days
Possession of a weapon
Possession, use, selling (or solicitation of the sale) of illegal drugs/controlled
substance
Inflicted serious bodily injury on another
Meaning of terms
18 U.S.C. §930 (2006)
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Weapon means "a weapon, device, instrument, material, or substance, animate or
inanimate, that is used for, or is readily capable of, causing death or serious bodily
injury, except that such term does not include a pocket knife with a blade of less than
2 1/2 inches in length.“
Controlled Substances Act, 21 U.S.C. §812 (2006)
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Illegal drugs means "a controlled substance (that is not legally possessed or used)" as
defined by CSA
18 U.S.C. §1365 (2006)
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Serious bodily injury means "bodily injury which involves a substantial risk of death,
extreme physical pain, protracted and obvious disfigurement, or protracted loss or
impairment of the function of a bodily member, organ, or mental faculty.”
IDEA allows…
Students to be removed from the classroom setting if they violate the school's
code of student conduct regardless of disability for up to ten days
If the incident is concluded to not be a manifestation of the student's disability
then they may be disciplined to the same degree that any other student would
be, however they must receive a Free Appropriate Public Education (FAPE)
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Manifestation must be determined through review of IEP, teacher observations, other
relevant information
Behavioral invention plans can be produced
34 C.F.R. §300.526(c)(4) (1999)
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45 day alternative placement may not exceeded but additional 45 day extensions may
be requested
34 C.F.R. §300.523(a) (1999)
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"Manifestation determinations are only required when a child is subjected to a
disciplinary change of placement.”
34 C.F.R. §300.519(b) (1999)
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Change in placement: removed for more than 10 days consecutively or in a pattern
that results in more than 10 days of removal
Change of Placement
Case: Clyde K. v. Puyallup School District
Court: 35 F.3d 1396 (9th Cir. 1994)
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Students can be removed from the regular
classroom when their disability-related behavior
is excessively disruptive
Permanent Change of Placement
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Change the IEP in order to make placement and
transportation changes permanent