Honig. v.

Doe

Ashley Walls

University of West Alabama

Honig. v. Doe

Abstract

After two students in the San Francisco Unified School District were expelled due to their

behavior. The parent’s went to court to demand justice for the students claiming that the

explosion of the student’s violated the Education for All Handicapped Children Act (EAHCA;

later the Individuals with Disabilities Education Act).

Honig. v. Doe

Honig. v. Doe

In 1980, “John Doe", a teenager with an emotional disability that included anger, aggression, and

impulse control issues, attacked a fellow student at school in reaction to being bullied. After

choking his peer and breaking a window on the way to the principal's office, Doe was suspended

from school for five days. San Francisco Unified School District suggested Doe for explosion

and was on indefinite suspension until a decision was made. At about the same time “Jack

Smith” was suspended from the same school district. Like John Doe, Jack Smith was an

emotionally disabled student that has been suspended and was recommended for expulsion. Jack

Smith’s misbehavior included disruptive behavior, stealing, and verbal aggression. The parents

of John Doe first opened the lawsuit against San Francisco Unified School District and

Superintendent Bill Honig, and Jack Smith soon joined the case. Legal action was sought

because Jack and Joe's right to public education was violated per the EAHCA (now known as

IDEA). Particularly, the stay-put clause; The stay put clause declares that if a person (parents/

administration) disputes a proposed change to the student’s placement, the “stay put” provision

allows the student to do just that—stay put. According to the Stay-put Claus, Doe and Smith

should have remained in their assigned programs during the expulsion decision.

The District Court agreed with the students. The school district failed to provide education to the

students. They also prohibited the school district from suspending students for longer than 5

days. Superintendent Honig appealed and asked for the Supreme Courts' involvement. When the

case was finally appealed on January 20, 1988, The Supreme Court affirmed that the "stay-put"

Claus of the Education of the Handicapped Act prohibited state or local school authorities from
Honig. v. Doe

banning disabled children from the classroom even for dangerous or disruptive conduct resulting

from their disabilities. The Supreme Court did slightly modify the previous decision changing

the suspension time from five days to ten days.

Honig. v. Doe

References

““Honig v. DOE - 484 U.S. 305, 108 S. Ct. 592 (1988).” Community,

https://www.lexisnexis.com/community/casebrief/p/casebrief-honig-v-doe.

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

https://supreme.justia.com/cases/federal/us/484/305/.

“Honig v. Doe.” Encyclopædia Britannica, Encyclopædia Britannica, Inc.,

https://www.britannica.com/topic/Honig-v-Doe.