Honig v. Doe
Jennifer Knudson
EDU 222-851
Mohave Community College Honig v. Doe Honig v. Doe, argued on November 9th, 1987, is a case that brings to light the law passed by the United States Congress in 1975, known as the Education for All Handicapped Children Act (EAHCA). The summary and goal the EAHCA, is to ensure that all children have a right to free education in the united states. It insures that all public schools must provide equal rights and opportunities to all children with physical and mental disabilities, this includes any and all children that are intellectually disabled. This law also encourages parents to be active in their child’s education. This law has created an opportunity for those who, in the past, have been …show more content…
Doe, put a permanent injunction in pace, stating that the district cannot suspend any EAHCA qualifying student for more than 5 days if behavior was disability related. To add to that, they court offered that the state should be required to provide services to eligible students if the schools and school district did not. Upon appeal, the Ninth Circuit Court of Appeals agreed. Honig, the superintendent of the San Francisco Unified School District, took the case to the Supreme Court, stating that the lower courts did not take into account previous rulings that justified their actions. The item that made them exempt of the law, was the ‘Dangerous Exception’ provision, which stated that the ‘Stay Put’ provision wasn’t valid if the subject was a danger to other students and faculty. The Supreme Court refused to take the case until 1987. By this time, Doe was over the age restriction of the EAHCA (which is from 3-21 years of age), so his case wasn’t valid. On the contrary, Smiths case was brought back into light since he was now at the age of 20, barely on the cusp of eligibility. In 1988, the Supreme Court ruled in Smiths favor, stating that the ‘Dangerous Exception’ provision wasn’t a part of the law and they weren’t going to re-write the law for this case. The Case was ultimately decided on January 20th, …show more content…
Doe case effect the educational rights of all intellectually disable children due to their status in the public-school system being positively reinforced. Specific incidences of this, is the Supreme Court deciding that the max suspension period allowed is 10 days. This gives both the staff and the student time to cool down from the incident that took place. They brought to light the fact that the state must provide educational services when the local school and school boards do not, which had been overlooked despite the EAHCA law. Which affirmed the right of students to a free, public or not, education without prejudice towards their intellectual or physical disabilities. In the end, the decision that impacted both these individuals lives, and many of those to follow, was that the school board could only expel EAHCA qualifying students if they are concerned for the school’s overall safety. This case, however miniscule it seems, made a tremendous impact on how many students got expelled due to their
Jennifer Knudson
EDU 222-851
Mohave Community College Honig v. Doe Honig v. Doe, argued on November 9th, 1987, is a case that brings to light the law passed by the United States Congress in 1975, known as the Education for All Handicapped Children Act (EAHCA). The summary and goal the EAHCA, is to ensure that all children have a right to free education in the united states. It insures that all public schools must provide equal rights and opportunities to all children with physical and mental disabilities, this includes any and all children that are intellectually disabled. This law also encourages parents to be active in their child’s education. This law has created an opportunity for those who, in the past, have been …show more content…
Doe, put a permanent injunction in pace, stating that the district cannot suspend any EAHCA qualifying student for more than 5 days if behavior was disability related. To add to that, they court offered that the state should be required to provide services to eligible students if the schools and school district did not. Upon appeal, the Ninth Circuit Court of Appeals agreed. Honig, the superintendent of the San Francisco Unified School District, took the case to the Supreme Court, stating that the lower courts did not take into account previous rulings that justified their actions. The item that made them exempt of the law, was the ‘Dangerous Exception’ provision, which stated that the ‘Stay Put’ provision wasn’t valid if the subject was a danger to other students and faculty. The Supreme Court refused to take the case until 1987. By this time, Doe was over the age restriction of the EAHCA (which is from 3-21 years of age), so his case wasn’t valid. On the contrary, Smiths case was brought back into light since he was now at the age of 20, barely on the cusp of eligibility. In 1988, the Supreme Court ruled in Smiths favor, stating that the ‘Dangerous Exception’ provision wasn’t a part of the law and they weren’t going to re-write the law for this case. The Case was ultimately decided on January 20th, …show more content…
Doe case effect the educational rights of all intellectually disable children due to their status in the public-school system being positively reinforced. Specific incidences of this, is the Supreme Court deciding that the max suspension period allowed is 10 days. This gives both the staff and the student time to cool down from the incident that took place. They brought to light the fact that the state must provide educational services when the local school and school boards do not, which had been overlooked despite the EAHCA law. Which affirmed the right of students to a free, public or not, education without prejudice towards their intellectual or physical disabilities. In the end, the decision that impacted both these individuals lives, and many of those to follow, was that the school board could only expel EAHCA qualifying students if they are concerned for the school’s overall safety. This case, however miniscule it seems, made a tremendous impact on how many students got expelled due to their