Public Instruction V. Doe

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The Individuals with Disabilities Education Act of 2004, has impacted disciplinary actions of students with disabilities. Before some of these procedures were implemented there are legal cases that impacted IDEA decisions such as the case, Honig, California Superintendent of Public Instruction V. Doe Et Al. The cases presented are significant to discipline of students with disabilities. They have impacted the procedures and are examples of disciplinary actions to not consider. Before a case can be taken to court the case must go through a due process. The article Analysis of Special Education Due Process Hearings in Texas focus on Texas our local area the issue discipline frequency is 11 and seen 7.86% of the stats were taken between 2011 …show more content…

Doe Et Al, No. 86-728. (1988), the case is about discipline actions of two student John Doe and Jake Smith. John Doe was a student with an emotional and behavioral disorder. Doe had difficulties controlling his impulses and anger. On November 6, 1980, Doe responder to taunts by choking the student with enough force to leave abrasion on child’s neck. While being escorted to principal’s office Doe kicked out a school window. The school’s punishment was a five-day suspension. The school extended his suspension until the proceeding for John to be expelled were completed. Doe’s parents sued the local school official and state superintendent of public education. Doe suit stated that the disciplinary actions violated the stay put provision. Doe reenter school on December 15, after 5 and half weeks and 24 days after his initial suspension. Jake Smith is a student with an emotional and behavior disorder. Smith was unable to control his verbal and physical outburst. Due to Smith’s esteem hyperactivity and low self-esteem he experienced academic and social difficulties even though had above intelligence. Smith was placed in a learning center for student who had behavioral and emotional disorder; but his grandparents believed he would better served in public school setting. During September 1979, Smith was enrolled at middle school with supervision and high structured environment. Smith displayed behaviors of stealing, exporting money, and make sexual comment to female students. The school suspendered Smith for 5 days due to his behavior. The school’s principle recommended Doe be expelled and further referring his situation to Student Placement Committee. On November 28, Smith counsel protested these actions since they were identical to Doe’s; SOC canceled the hearing. Smith was returned to half day program or was able to have home tutoring.In Doe’s case the District Judge granted the request injunctive relief. It was

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