Table 1

Foundational cases
 

Case

Year

Reference

Court

Precedent established

 

 

 

 

Goss v. Lopez

1975

95 S.Ct. 729

Supreme

Confirms due process rights for students with disabilities regarding disciplinary matters.

 

 

 

 

 

Wood v. Strickland

1975

95 S. Ct. 2

Supreme

Establishes local educational associations liability for the denial of a student’s rights by a school official

 

 

 

 

 

Stuart v. Nappi

1978

443 F. Supp. 1235

District

Set standards for first prong of current test.  Placement could contribute to misbehavior

 

 

 

 

 

Doe v. Koger

1979

480 F. Supp. 225

District

If the disruption is linked to the disability, the student can not be expelled

 

 

 

 

 

S-I v. Turlington

1981

635 F.2d

Circuit

A trained and knowledgeable group must determine if it is a manifestation

 

 

 

 

 

Board of Ed v. State Board of Ed.

1982

531 F. Supp. 148

District

If no direct linkage, a special education student can be suspended for five days

 

 

 

 

 

School board v. Malone

1985

762 F.2d 1216

Circuit

The student’s low self esteem from his disability qualified as a link to the behavior of delivering drugs.

 

 

 

 

 

Doe v. Maher

1986

793 F.2d 1471

Circuit

Linkage is to be determined by IEP[1] team.  If there is no link services may cease.

 

 

 

 

 

Honig v. Doe

1988

108 S. Ct. 592

Supreme

If the behavior is linked to the disability a school cannot expel.  Established 10 -day criterion.

 


 

Note: [1] individualized education program