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