Disciplinary Removal of Special Education Students

Abstract

Much debate and discussion presently surround the issue of removing handicapped students from their school programs for disciplinary reasons.This removal usually takes one of three forms.The most serious form of removal from school is expulsion, generally defined as disciplinary removal from school for more than 10 days.Suspension, another form of disciplinary removal, by definition lasts no more than 10 days.A third form of disciplinary removal is in-school suspension, which removes a student from regular and special education classes but not from school.This article discusses each of these procedures and some of the legal rulings associated with them.We also offer some detailed suggestions concerning the use of in-school suspension. EXPULSION AND SUSPENSIONThe U.S. Supreme Court ruled in Wood v. Strickland that students do not have a constitutional right, per se, to education; education was, however, interpreted as qualifying as property and liberty rights.Therefore, a student cannot be deprived of education without due process of law.In Goss v. Lopez, the Supreme Court set forth due process rights that apply to all students prior to removal from school.The court said that the student was entitled to:-some kind of notice; -some kind of hearing; -know what he or she is accused of and the basis for the accusation; -an opportunity to tell his or her side.Goss v. Lopez also limits a suspension to no more than IO days.Presumably, after that point, the action may be considered as an expulsion-which is another issue altogether, because it represents a cessation rather than a suspension of services.

Cite this work

No public copy is stored for this record, so only the metadata is cited.

Stored only when both papers are in the corpus — 18 citations exist upstream.

Papers that cite the same references — the relational fallback while embeddings are still backfilling.