Two landmark court cases related to students with disabilities and school suspension are Honig v. Doe (1988) and Goss v. Lopez (1975). Honig v. Doe (1988) addressed the issue of disciplining students with disabilities under the Education for All Handicapped Children Act (EAHCA), now known as the Individuals with Disabilities Education Act (IDEA). The U.S. Supreme Court ruled that schools cannot unilaterally expel or suspend students with disabilities for behavior related to their disability for more than ten days without providing alternative educational services. This case established that disciplinary actions must be reviewed to determine if the behavior is a manifestation of the student’s disability, ensuring that schools provide procedural safeguards to protect the rights of students with disabilities.
Goss v. Lopez (1975), although not specifically about students with disabilities, set important precedents regarding student suspensions and due process that impact all students, including those with disabilities. The U.S. Supreme Court held that students facing suspension for ten days or less must be given notice of the charges against them and an opportunity to present their side of the story. This decision underscores the necessity for due process in school disciplinary actions, ensuring that students' rights are protected and that they are treated fairly. This principle is particularly relevant when considering the additional protections under IDEA for students with disabilities, emphasizing the need for fairness and proper procedures in disciplinary measures.
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