Honig v Doe (1988)

Honig v Doe concerned the proposed expulsion of students with severe emotional disturbance who demonstrated severe aggressive behaviors. John Doe (a psudonym), a 20 year-old student, and Keith Smith, a 17 year-old adolescent. with orthopedic impairments, speech & language impairments, and poor grooming skills. John Doe was the target of repeated and intense teasing by other students in their school. After one incident of teasing, he reacted by attacking and choking another studen with sufficient force to leave abrasions on the student's neck. On the way to the principal's office, he kicked out a window. Jack Smith was initially diagnosed as ED in second grade. He was not able to control his behavior and engaged in repeated verbal and physical outbursts. Kieth Smith also was hyperactive and had significant deficits in social skills. His problem behaviors included stealing, extorting money from peers, making graphic sexual comments ot female students. The school stated that if he did not cease these behaviors he would be expelled. The school suspended John Doe and recommended that he be permanently expelled.

The parents of John Doe and Jack Smith brought action against the school district for violating provisons of the EHA.

The court held that:

  1. a district may not unilaterally (italics added) expel a student for dangerous or disruptive actions that are related to their disability.
  2. the "stay put" provision (when a placement is challenged, the child will remain in their current placement until the placement challenge is decided) was intended to keep districts from unilaterally changing placements.
  3. districts may
  4. expulsion is considered a change in placement and subject to due process procedures (notification of parents, multidisciplinary conference to determine if the behavior is related to the disability, evaluation of a student's needs, informing parents of their rights, abiding by the "stay put" provision).