Honig v. Doe

Honig v. Doe, case in which the U.S. Supreme Court on January 20, 1988, ruled (6–2) that a California school board had violated the Education for All Handicapped Children Act (EAHCA; later the Individuals with Disabilities Education Act) when it indefinitely suspended a student for violent and disruptive behaviour that was related to his disability. In addition, the court affirmed that the state must provide services directly to students with disabilities when local school boards fail to do so.

The case centred on two disabled students in the San Francisco Unified School District (SFUSD). One, identified as “John Doe” in court documents, was an emotionally disturbed 17-year-old who had difficulty controlling his impulses and anger. In November 1980 he responded to the taunts of a peer by choking the student and then kicked out a window as he was being taken to the principal’s office. Doe was initially suspended for five days, but the SFUSD Student Placement Committee (SPC) subsequently notified his mother that it was recommending his expulsion and that his suspension would continue until the expulsion process was finished.

Doe, who qualified for special educational services under the EAHCA, filed suit, alleging that their disciplinary actions violated the so-called “stay-put” provision of the act; Bill Honig, the state superintendent of public instruction, was named as a respondent. Under the provision, children with disabilities must remain in their current educational placements during any review proceedings unless parents and educational officials agree otherwise. Doe alleged that the pending expulsion proceedings triggered the “stay-put” provision and that educators violated his rights in suspending him indefinitely. As such, a federal district court granted Doe’s request for a preliminary injunction ordering school officials to return him to his existing educational placement pending a review of his individualized educational program (IEP).

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The second student in the case, “Jack Smith,” was also an emotionally disturbed EAHCA-eligible student in the SFUSD. Smith typically reacted to stress by becoming verbally hostile and aggressive. When he was in middle school, his disruptive behaviour escalated. He stole, extorted money from other classmates, and made sexual comments to female students. In November 1980 Smith was suspended for five days for inappropriate remarks. As with Doe, the SPC recommended Smith’s expulsion, scheduled a hearing, and extended the suspension until the proceedings were completed. It was later agreed that Smith would be homeschooled. After learning of Doe’s case, Smith protested the school’s actions and eventually joined in Doe’s suit.

Noting that the two students had a right to “a free appropriate public education,” the district court entered a permanent injunction barring officials of the SFUSD from suspending any students with disabilities from school for more than five days when their misconduct was disability-related. The district was also prohibited from changing a student’s placement during any EAHCA proceedings—unless the parents consented—and from approving any unilateral placements. Further, the court ordered the state to provide services directly to eligible students if the local educational agency failed to do so. On appeal, the Ninth Circuit Court of Appeals affirmed these orders with slight modifications; notably, it allowed for suspensions of more than 10 days.

Honig sought review by the U.S. Supreme Court, claiming that the Ninth Circuit neglected to consider the decisions of other circuits that acknowledged a “dangerousness exception” to the “stay-put” provision. In addition, he charged that the trial court’s order directing the state to provide direct services when local educational agencies failed to do so imposed an onerous burden on the state.

On November 9, 1987, the case was argued before the Supreme Court. Turning to the first of the issues, the court decided that the case was moot with regard to Doe because he had passed the EAHCA’s eligibility age of 21. However, since Smith still was eligible under the EAHCA, the court reviewed the rest of the claim. In regard to the “dangerous exception” issue, the court did not believe that Congress had allowed for such a provision when creating the EAHCA and refused to rewrite the statute to include it. Reviewing the act’s legislative purpose, the court found that it was clear that Congress wanted “to strip schools of the unilateral authority they had traditionally employed to exclude disabled students, particularly emotionally disturbed students, from school.” At the same time, the court pointed out that educators were not without options when dealing with potentially dangerous students. For instance, the court noted that educators may use any of a variety of procedures when responding to dangerous students, such as study carrels, time-outs, detention, restriction of privileges, or suspensions for up to 10 days. The court indicated that 10-day suspensions are designed to serve as

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a “cooling down” period during which officials can initiate IEP review and seek to persuade the child’s parents to agree to an interim placement. And in those cases in which the parents of a truly dangerous child adamantly refuse to permit any change in placement, the 10-day respite gives school officials an opportunity to invoke the aid of the courts…to grant any appropriate relief.

Although the “stay-put” provision created a presumption in favour of leaving children in their existing educational placements, school officials are entitled to seek injunctive relief to exclude students when the interests of maintaining safe learning environments outweigh the dangerous child’s right to receive a free and appropriate public education.

Lastly, the Supreme Court affirmed that the state must provide services directly to students with disabilities when local boards fail to make them available. The Ninth Circuit decision was largely upheld, though the Supreme Court ruled that suspensions of more than 10 days were not permissible. (At the time of the ruling, the Supreme Court had only eight justices.)