Suspension and Expulsion of Handicapped Pupils

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Abstract
In recent years parents and advocates for handicapped children have asked the courts to define educational rights granted by Public Law 94-142. One issue, suspension and expulsion of handicapped pupils, has been particularly difficult for parents and school administrators to address. Current regulations implementing Public Law 94-142 do not discuss discipline; consequently, when serious disciplinary infractions of the school code involve handicapped children, parents and school administrators are unsure of their rights and responsibilities respectively. The courts are being asked to rule in cases that balance educational rights of handicapped children with schools' need to maintain order and preserve educational rights of other children. This paper reviews litigation and discusses issues related to suspension and expulsion of handicapped pupils. Recommendations for reviewing school disciplinary codes are made; finally, an active role for special educators in this process is suggested.