Alexus Cornejo

Introduction to Special Education 203

Landmark Court Case

Fri. November 12, 2021

 Throughout almost 50 years of special education law there have been many landmark

cases presented to improve resources and rights for special education students. One landmark

case being the Honig v. Doe case. The case resulted in a large change for special education

students. The Honig v. Doe case was between petitioner Bill Honig and the respondents John

Doe and Jack Smith. The case first went into court on November 9th, 1987, and reached a

decision on January 20th ,1988.

The case was about a student named John Doe who was teased for his disability at

school, which he had difficulty controlling his impulses. This resulted in Doe choking and

kicking a kid out the school window. After this incidence Doe ended up getting suspended from

school and on a pending expulsion. Jack Smith a student from another school had a similar case

to Doe. Smith was suspended for causing disturbance and dangerous actions in the classroom

due to his disability he couldn’t control. Another thing these two students had in common was

that they both qualified for IDEA services at their school.

Doe protested the suspension and pending expulsion by writing a letter, but the letter was

unsuccessful. After the failed letter Doe then proceeded to move for legal action. Doe’s parents

filed a suit with the federal district court. These two students ended up on the same case to get

this suspension appealed and to prevent schools from indefinitely expelling students who are

suspended for handicap related misconduct endangerment to the students and others. They

wanted the courts to let them go back to school.

The Honig v. Doe case holds a lot of importance for special education students. This was

a landmark case because it changes the way school districts are to handle students with handicap

related misconduct. Prior to the case on wrightslaw it states, “Among these safeguards is the so-

called "stay-put" provision, which directs that a disabled child ‘shall remain in [his or her] then
current educational placement’ pending completion of any review proceedings, unless the

parents and state or local educational agencies otherwise agree.” After this case it helped to limit

the discipline a student with a disability can receive under the EHA which is now IDEA.

According to Oyez the supreme court held that “the "stay-put" provision of the Education of the

Handicapped Act prohibited state or local school authorities from excluding disabled children

from the classroom even for dangerous or disruptive conduct resulting from their disabilities."

The judges found that the disruptive behavior of the students is not something that can be

controlled therefor indefinite suspension is not a fair response to the situation. The court ruled

that a student with a disability cannot be suspended for more than ten days without prior

discipline before resorting to suspension.

Doe and Smith won this case and helped many other students with disabilities and

handicaps in the prevention of getting indefinitely suspended. The outcome of the case was the

students with disabilities could no longer receive harsh punishment such as indefinite suspension

because of a disturbance a disability causes. Due to the stay- put provision it has to be put into

place before suspension this means that schools now have to find new means of discipline before

coming to the decision to resort to suspension.

 References

"Honig v. Doe." Oyez, www.oyez.org/cases/1987/86-728. Accessed 4 Nov. 2021.

“Honig v. Doe, 484 U. S. 305 (1988).” Wrightslaw,

www.wrightslaw.com/law/caselaw/ussupct.honig.doe.htm. Accessed 4 Nov. 2021.