honig
doe
argued
november
decided
january
order
assure
receiving
federal
financial
assistance
provide
free
appropriate
public
education
disabled
children
including
serious
emotional
disturbances
education
handicapped
act
eha
act
establishes
comprehensive
system
procedural
safeguards
designed
provide
meaningful
parental
participation
aspects
child
educational
placement
including
opportunity
impartial
due
process
hearing
respect
complaints
parents
concerning
child
placement
right
seek
administrative
review
decisions
think
inappropriate
review
proves
unsatisfactory
either
parents
local
educational
agency
may
file
civil
action
state
federal
appropriate
relief
act
provision
directs
disabled
child
shall
remain
current
educational
placement
pending
completion
review
proceedings
unless
parents
state
local
educational
agencies
otherwise
agree
respondents
doe
smith
emotionally
disturbed
students
suspended
indefinitely
violent
disruptive
conduct
related
disabilities
pending
completion
expulsion
proceedings
san
francisco
unified
school
district
sfusd
unsuccessfully
protesting
action
doe
filed
suit
federal
district
smith
intervened
alleging
suspension
proposed
expulsion
violated
eha
seeking
injunctive
relief
sfusd
officials
petitioner
state
superintendent
public
instruction
entered
summary
judgment
respondents
eha
claims
issued
permanent
injunction
appeals
affirmed
slight
modifications
held
case
moot
respondent
doe
years
old
since
act
limits
eligibility
disabled
children
ages
however
case
justiciable
respect
respondent
smith
continues
eligible
eha
educational
services
since
currently
yet
completed
high
school
jurisdiction
since
reasonable
likelihood
smith
suffer
deprivation
rights
gave
rise
suit
given
evidence
unable
conform
conduct
socially
acceptable
norms
absence
suggestion
overcome
behavioral
problems
reasonable
expect
engage
aggressive
disruptive
classroom
misconduct
moreover
unreasonable
suppose
future
educational
placement
perfectly
suit
emotional
academic
needs
disruptions
part
improbable
smith
repeat
objectionable
conduct
likely
subjected
type
unilateral
school
action
california
school
district
enrolled
light
lack
statewide
policy
governing
local
school
responses
misconduct
petitioner
insistence
local
school
districts
retain
residual
authority
exclude
disabled
children
dangerous
conduct
light
ponderousness
review
procedures
act
fact
aggrieved
student
often
finished
school
otherwise
ineligible
eha
protections
time
review
conduct
smith
complained
capable
repetition
yet
evading
review
thus
eha
claims
moot
pp
provision
prohibits
state
local
school
authorities
unilaterally
excluding
disabled
children
classroom
dangerous
disruptive
conduct
growing
disabilities
pendency
review
proceedings
section
unequivocal
mandate
child
shall
remain
current
educational
placement
emphasis
added
demonstrates
congressional
intent
strip
schools
unilateral
authority
traditionally
employed
exclude
disabled
students
particularly
emotionally
disturbed
students
school
rewrite
statute
infer
dangerousness
exception
basis
obviousness
congressional
inadvertence
since
drafting
statute
congress
devoted
close
attention
mills
board
education
district
columbia
supp
pennsylvania
assn
retarded
children
pennsylvania
supp
supp
thereby
establishing
omission
emergency
exception
dangerous
students
intentional
however
congress
leave
school
administrators
powerless
deal
students
since
implementing
regulations
allow
use
normal
procedures
including
temporary
suspensions
schooldays
students
posing
immediate
threat
others
safety
act
allows
interim
placements
parents
school
officials
able
agree
authorizes
officials
file
suit
appropriate
injunctive
relief
agreement
reached
suit
effectively
creates
presumption
favor
child
current
educational
placement
school
officials
rebut
showing
maintaining
current
placement
substantially
likely
result
injury
student
others
district
properly
balanced
respondents
interests
act
state
local
school
officials
safety
interest
lower
courts
properly
construed
applied
except
insofar
appeals
held
suspension
exceeding
schooldays
constitute
prohibited
change
placement
appeals
judgment
modified
extent
pp
insofar
appeals
judgment
affirmed
district
order
directing
state
provide
services
directly
disabled
child
local
agency
failed
judgment
affirmed
equally
divided
pp
brennan
delivered
opinion
holdings
number
rehnquist
white
marshall
blackmun
stevens
joined
rehnquist
filed
concurring
opinion
post
scalia
filed
dissenting
opinion
joined
post
asher
rubin
deputy
attorney
general
california
argued
cause
petitioner
briefs
john
van
de
kamp
attorney
general
charlton
holland
assistant
attorney
general
john
davidson
supervising
deputy
attorney
general
glen
nager
argued
cause
pro
hac
vice
amicus
curiae
urging
reversal
brief
solicitor
general
fried
assistant
attorney
general
reynolds
deputy
solicitor
general
ayer
deputy
assistant
attorney
general
carvin
walter
barnett
dennis
dimsey
wendell
willkie
sheila
brogna
argued
cause
respondents
brief
william
taylor
toby
fishbein
rubin
briefs
amici
curiae
urging
reversal
filed
davis
joint
unified
school
district
et
al
charles
mack
national
school
boards
association
gwendolyn
gregory
august
steinhilber
national
school
safety
center
et
al
james
rapp
donna
clontz
jane
slenkovich
san
francisco
unified
school
district
louise
renne
thomas
berliner
briefs
amici
curiae
urging
affirmance
filed
american
association
mental
deficiency
et
al
norman
rosenberg
janet
stotland
national
association
protection
advocacy
systems
et
al
marilyn
holle
center
law
education
et
al
briefs
amici
curiae
filed
senator
chafee
et
al
arlene
brynne
mayerson
legal
aid
society
city
new
york
juvenile
rights
division
henry
weintraub
justice
brennan
delivered
opinion
condition
federal
financial
assistance
education
handicapped
act
requires
ensure
free
appropriate
public
education
disabled
children
within
jurisdictions
aid
goal
act
establishes
comprehensive
system
procedural
safeguards
designed
ensure
parental
participation
decisions
concerning
education
disabled
children
provide
administrative
judicial
review
decisions
parents
disagree
among
safeguards
provision
directs
disabled
child
shall
remain
current
educational
placement
pending
completion
review
proceedings
unless
parents
state
local
educational
agencies
otherwise
agree
today
must
decide
whether
face
statutory
proscription
state
local
school
authorities
may
nevertheless
unilaterally
exclude
disabled
children
classroom
dangerous
disruptive
conduct
growing
disabilities
addition
called
upon
decide
whether
district
may
exercise
equitable
powers
order
state
provide
educational
services
directly
disabled
child
local
agency
fails
education
handicapped
act
eha
act
stat
amended
et
congress
sought
assure
handicapped
children
available
free
appropriate
public
education
emphasizes
special
education
related
services
designed
meet
unique
needs
assure
rights
handicapped
children
parents
guardians
protected
law
passed
congress
ample
evidence
legislative
assurances
sorely
needed
years
declared
education
perhaps
important
function
state
local
governments
brown
board
education
congressional
studies
revealed
better
half
nation
million
disabled
children
receiving
appropriate
educational
services
indeed
one
every
eight
children
excluded
public
school
system
altogether
many
others
simply
warehoused
special
classes
neglectfully
shepherded
system
old
enough
drop
see
among
poorly
served
disabled
students
emotionally
disturbed
children
congressional
statistics
revealed
school
year
immediately
preceding
passage
act
educational
needs
percent
children
emotional
disabilities
went
unmet
see
hereinafter
although
educational
failings
resulted
part
funding
constraints
congress
recognized
problem
reflected
lack
financial
resources
state
local
levels
two
decisions
senate
report
characterized
landmark
see
demonstrated
many
disabled
children
excluded
pursuant
state
statutes
local
rules
policies
typically
without
consultation
even
notice
parents
see
mills
board
education
district
columbia
supp
dc
pennsylvania
assn
retarded
children
pennsylvania
supp
ed
supp
parc
indeed
time
eha
enactment
parents
brought
legal
challenges
similar
exclusionary
practices
see
responding
problems
congress
content
passage
simple
funding
statute
rather
eha
confers
upon
disabled
students
enforceable
substantive
right
public
education
participating
see
board
education
hendrick
hudson
central
school
dist
rowley
conditions
federal
financial
assistance
upon
state
compliance
substantive
procedural
goals
act
accordingly
seeking
qualify
federal
funds
must
develop
policies
assuring
disabled
children
right
free
appropriate
public
education
must
file
secretary
education
formal
plans
mapping
detail
programs
procedures
timetables
effectuate
policies
plans
must
assure
maximum
extent
appropriate
mainstream
disabled
children
educate
children
disabled
segregate
otherwise
remove
children
regular
classroom
setting
nature
severity
handicap
education
regular
classes
achieved
satisfactorily
primary
vehicle
implementing
congressional
goals
individualized
educational
program
iep
eha
mandates
disabled
child
prepared
meetings
representative
local
school
district
child
teacher
parents
guardians
whenever
appropriate
disabled
child
iep
sets
child
present
educational
performance
establishes
annual
objectives
improvements
performance
describes
specially
designed
instruction
services
enable
child
meet
objectives
iep
must
reviewed
necessary
revised
least
year
order
ensure
local
agencies
tailor
statutorily
required
free
appropriate
public
education
child
unique
needs
envisioning
iep
centerpiece
statute
education
delivery
system
disabled
children
aware
schools
often
denied
children
appropriate
educations
without
way
consulting
parents
congress
repeatedly
emphasized
throughout
act
importance
indeed
necessity
parental
participation
development
iep
subsequent
assessments
effectiveness
see
accordingly
act
establishes
various
procedural
safeguards
guarantee
parents
opportunity
meaningful
input
decisions
affecting
child
education
right
seek
review
decisions
think
inappropriate
safeguards
include
right
examine
relevant
records
pertaining
identification
evaluation
educational
placement
child
prior
written
notice
whenever
responsible
educational
agency
proposes
refuses
change
child
placement
program
opportunity
present
complaints
concerning
aspect
local
agency
provision
free
appropriate
public
education
opportunity
impartial
due
process
hearing
respect
complaints
conclusion
hearing
parents
local
educational
agency
may
seek
administrative
review
proves
unsatisfactory
may
file
civil
action
state
federal
addition
reviewing
administrative
record
courts
empowered
take
additional
evidence
request
either
party
grant
relief
determine
appropriate
provision
issue
case
governs
placement
child
often
lengthy
review
procedures
run
course
directs
pendency
proceedings
conducted
pursuant
unless
state
local
educational
agency
parents
guardian
otherwise
agree
child
shall
remain
current
educational
placement
child
november
doe
responded
taunts
fellow
student
precisely
explosive
manner
anticipated
iep
choked
student
sufficient
force
leave
abrasions
child
neck
kicked
school
window
escorted
principal
office
afterwards
doe
admitted
misconduct
school
subsequently
suspended
five
days
thereafter
principal
referred
matter
sfusd
student
placement
committee
spc
committee
recommendation
doe
expelled
day
suspension
end
spc
notified
doe
mother
proposing
exclude
child
permanently
sfusd
therefore
extending
suspension
time
expulsion
proceedings
completed
committee
advised
entitled
attend
november
hearing
planned
discuss
proposed
expulsion
unsuccessfully
protesting
actions
letter
doe
brought
suit
host
local
school
officials
state
superintendent
public
instruction
alleging
suspension
proposed
expulsion
violated
eha
sought
temporary
restraining
order
canceling
spc
hearing
requiring
school
officials
convene
iep
meeting
district
judge
granted
requested
injunctive
relief
ordered
defendants
provide
home
tutoring
doe
interim
basis
shortly
thereafter
issued
preliminary
injunction
directing
defendants
return
doe
current
educational
placement
louise
lombard
school
pending
completion
iep
review
process
doe
reentered
school
december
weeks
schooldays
initial
suspension
respondent
jack
smith
identified
emotionally
disturbed
child
time
entered
second
grade
school
records
prepared
year
indicated
unable
control
verbal
physical
outburst
exhibited
evere
disturbance
relationships
peers
adults
evaluations
subsequently
revealed
physically
emotionally
abused
infant
young
child
despite
average
intelligence
experienced
academic
social
difficulties
result
extreme
hyperactivity
low
particular
concern
smith
propensity
verbal
hostility
one
evaluator
noted
child
reacted
stress
attempt
ing
cover
feelings
low
self
worth
aggressive
behavior
primarily
verbal
provocations
based
evaluations
sfusd
placed
smith
learning
center
emotionally
disturbed
children
grandparents
however
believed
needs
better
served
public
school
setting
september
school
district
acceded
requests
enrolled
giannini
middle
school
february
iep
recommended
placement
learning
disability
group
stressing
need
close
supervision
highly
structured
environment
like
earlier
evaluations
february
iep
noted
smith
easily
distracted
impulsive
anxious
therefore
proposed
schedule
suggested
placement
undertaken
trial
basis
beginning
next
school
year
smith
assigned
program
almost
immediately
thereafter
began
misbehaving
school
officials
met
twice
grandparents
october
discuss
returning
program
although
grandparents
agreed
reduction
apparently
never
apprised
right
challenge
decision
eha
procedures
school
officials
also
warned
child
continued
disruptive
behavior
included
stealing
extorting
money
fellow
students
making
sexual
comments
female
classmates
seek
expel
november
made
good
threat
suspending
smith
five
days
made
lewd
comments
principal
referred
matter
spc
recommended
exclusion
sfusd
john
doe
case
committee
scheduled
hearing
extended
suspension
indefinitely
pending
final
disposition
matter
november
smith
counsel
protested
actions
grounds
essentially
identical
raised
doe
spc
agreed
cancel
hearing
return
smith
program
giannini
provide
home
tutoring
smith
grandparents
chose
latter
option
school
began
home
instruction
december
january
iep
team
convened
discuss
alternative
placements
learning
doe
action
smith
sought
obtained
leave
intervene
suit
district
subsequently
entered
summary
judgment
favor
respondents
eha
claims
issued
permanent
injunction
series
decisions
district
judge
found
proposed
expulsions
indefinite
suspensions
respondents
conduct
attributable
disabilities
deprived
congressionally
mandated
right
free
appropriate
public
education
well
right
education
provided
accordance
procedures
set
eha
district
judge
therefore
permanently
enjoined
school
district
taking
disciplinary
action
suspension
disabled
child
misconduct
effecting
change
educational
placement
child
without
parental
consent
pending
completion
eha
proceedings
addition
judge
barred
state
authorizing
unilateral
placement
changes
directed
establish
eha
system
alternatively
enact
guidelines
governing
local
school
responses
misconduct
finally
judge
ordered
state
provide
services
directly
disabled
children
individual
case
state
determined
local
educational
agency
unable
unwilling
appeal
appeals
ninth
circuit
affirmed
orders
slight
modifications
doe
maher
agreeing
district
indefinite
suspension
aid
expulsion
constitutes
prohibited
change
placement
appeals
held
provision
admitted
dangerousness
exception
statute
therefore
rendered
invalid
provisions
california
education
code
permitting
indefinite
suspension
expulsion
disabled
children
misconduct
arising
disabilities
concluded
however
fixed
suspensions
schooldays
fall
within
reach
therefore
upheld
recent
amendments
state
education
code
authorizing
suspensions
lastly
affirmed
portion
injunction
requiring
state
provide
services
directly
disabled
child
local
educational
agency
fails
petitioner
bill
honig
california
superintendent
public
instruction
sought
review
claiming
appeals
construction
provision
conflicted
several
courts
appeals
recognized
dangerousness
exception
compare
doe
maher
supra
case
jackson
franklin
county
school
board
victoria
district
school
bd
lee
county
turlington
cert
denied
direct
services
ruling
placed
intolerable
burden
state
granted
certiorari
resolve
questions
affirm
ii
outset
address
suggestion
raised
first
time
oral
argument
case
moot
article
iii
constitution
may
adjudicate
actual
ongoing
controversies
nebraska
press
assn
stuart
preiser
newkirk
dispute
parties
much
alive
suit
filed
time
appeals
rendered
judgment
substitute
actual
case
controversy
exercise
jurisdiction
requires
steffel
thompson
roe
wade
present
case
jurisdiction
reasonable
likelihood
respondents
suffer
deprivation
rights
gave
rise
suit
believe
least
respect
respondent
smith
possibility
fact
exist
case
therefore
remains
justiciable
respondent
john
doe
years
old
accordingly
longer
entitled
protections
benefits
eha
limits
eligibility
disabled
children
ages
see
clear
therefore
whatever
rights
state
educational
services
may
yet
ward
state
see
tr
oral
arg
act
govern
state
provision
services
thus
case
moot
respondent
jack
smith
however
currently
yet
completed
high
school
although
present
faced
proposed
expulsion
suspension
proceedings
indeed
longer
even
resides
within
sfusd
remains
resident
california
entitled
free
appropriate
public
education
within
state
claims
eha
therefore
moot
conduct
originally
complained
capable
repetition
yet
evading
review
murphy
hunt
given
smith
continued
eligibility
educational
services
eha
nature
disability
petitioner
insistence
local
school
districts
retain
residual
authority
exclude
disabled
children
dangerous
conduct
little
difficulty
concluding
reasonable
expectation
smith
subjected
unilateral
change
placement
conduct
growing
disabilities
statewide
injunctive
relief
issued
cases
reveal
purposes
assessing
likelihood
state
authorities
reinflict
given
injury
generally
unwilling
assume
party
seeking
relief
repeat
type
misconduct
place
risk
injury
see
los
angeles
lyons
threat
party
seeking
injunction
barring
police
use
chokeholds
stopped
traffic
violation
offense
resist
arrest
stopped
murphy
hunt
supra
reason
believe
party
challenging
denial
pretrial
bail
position
demand
bail
littleton
unlikely
parties
challenging
discriminatory
sentencing
practices
violate
valid
criminal
laws
reluctance
however
warranted
respondent
smith
inability
conform
conduct
socially
acceptable
norms
renders
handicapped
within
meaning
eha
see
cfr
noted
record
replete
evidence
smith
unable
govern
aggressive
impulsive
behavior
indeed
notice
suspension
acknowledged
jack
actions
seem
beyond
control
app
absence
suggestion
respondent
overcome
earlier
difficulties
certainly
reasonable
expect
based
prior
history
behavioral
problems
engage
classroom
misconduct
reasonable
suppose
smith
future
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placement
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needs
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scalia
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dissent
post
school
officials
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place
smith
setting
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children
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infra
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think
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smith
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sfusd
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sfusd
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district
judge
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school
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led
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placement
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defendants
seek
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orders
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state
superintendent
public
instruction
invoked
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urges
us
hold
local
school
districts
retain
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suspend
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remove
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children
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every
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injunction
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faced
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california
school
district
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cf
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angeles
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lacked
standing
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practice
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school
districts
generally
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right
local
school
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review
eha
often
ponderous
burlington
school
committee
massachusetts
dept
education
case
taken
seven
years
reach
us
amply
confirms
observation
obvious
reasons
misconduct
emotionally
disturbed
otherwise
disabled
child
yet
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pose
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students
school
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review
believe
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smith
demonstrated
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los
angeles
lyons
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turn
merits
case
iii
language
unequivocal
plainly
pendency
proceedings
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act
unless
state
local
educational
agency
parents
guardian
disabled
child
otherwise
agree
child
shall
remain
current
educational
placement
emphasis
added
faced
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directive
petitioner
asks
us
read
dangerousness
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either
two
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congress
thought
residual
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school
officials
exclude
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students
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obvious
comment
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congress
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accept
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invitation
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statute
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simple
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congress
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school
districts
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return
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students
school
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proceedings
run
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think
clear
however
congress
much
meant
strip
schools
unilateral
authority
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employed
exclude
disabled
students
particularly
emotionally
disturbed
students
school
congress
leave
school
administrators
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deal
dangerous
students
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school
officials
former
right
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future
removal
disabled
students
accomplished
permission
parents
last
resort
courts
noted
congress
passed
eha
finding
school
systems
across
country
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one
every
eight
disabled
children
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law
congress
largely
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recent
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mills
board
education
district
columbia
supp
parc
supp
involved
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disabled
students
mills
particular
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extent
schools
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disciplinary
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bar
children
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school
officials
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four
seven
minor
plaintiffs
behavioral
problems
excluded
classes
without
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notice
parents
finding
practice
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named
plaintiffs
affected
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way
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estimated
class
disabled
students
district
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congress
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severity
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children
serious
emotional
disturbances
provided
meaningful
parental
participation
aspects
child
educational
placement
barred
schools
provision
changing
placement
parent
objection
review
proceedings
completed
recognizing
proceedings
might
prove
long
tedious
act
drafters
intend
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inflexibly
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cong
rec
remarks
stafford
therefore
allowed
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placements
parents
school
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able
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decree
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students
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lack
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mills
close
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congress
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see
conclude
omission
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chose
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says
leave
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education
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hile
child
placement
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complaint
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agency
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children
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comment
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use
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poses
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child
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cases
parents
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aid
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grant
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party
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noted
parents
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robinson
citing
cases
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cong
rec
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williams
xhaustion
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parents
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reason
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require
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schools
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cases
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child
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legislative
history
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evils
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regular
public
school
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parents
objection
pending
completion
review
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burlington
school
committee
massachusetts
dept
education
emphasis
added
provision
way
purports
limit
authority
conferred
courts
see
doe
brookline
school
committee
indeed
says
nothing
whatever
judicial
power
short
believe
school
officials
entitled
seek
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cases
action
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favor
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maintaining
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injury
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others
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district
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state
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defendants
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placement
properly
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local
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students
iv
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courts
properly
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placement
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appeals
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equally
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may
order
state
provide
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disabled
child
local
agency
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affirm
appeals
judgment
issue
well
affirmed
footnotes
california
law
time
empowered
school
principals
suspend
students
five
consecutive
schooldays
cal
educ
code
ann
west
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school
districts
seeking
expel
suspended
student
extend
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time
expulsion
proceedings
completed
provided
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school
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placement
cause
danger
persons
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process
state
subsequently
amended
law
permit
school
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initial
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see
infra
state
amended
education
code
permit
school
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schooldays
cal
educ
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ann
west
supp
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time
respondent
doe
initiated
suit
wilson
riles
california
superintendent
public
instruction
petitioner
honig
succeeded
office
note
petitioner
respondents
believe
case
presents
live
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see
tr
oral
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appearing
amicus
curiae
urges
case
presently
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notwithstanding
respondent
undisputed
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education
california
justice
scalia
argues
dissent
demonstrated
probability
smith
actually
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counsel
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state
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scalia
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murphy
hunt
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burlington
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school
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placement
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class
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disabled
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jane
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roe
wade
petitioner
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school
district
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protect
students
doe
smith
reply
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according
petitioner
however
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respondents
school
among
indeed
petitioner
insists
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urges
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school
district
maintain
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children
children
department
education
adopted
position
first
espoused
office
civil
rights
suspension
schooldays
amount
change
placement
prohibited
dept
education
office
special
education
programs
policy
letter
ed
handicapped
eha
nowhere
defines
phrase
change
placement
statute
structure
legislative
history
provide
guidance
term
applies
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suspensions
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ambiguity
defer
construction
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agency
charged
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see
ins
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agency
position
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fully
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sought
prevent
schools
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children
means
indefinite
suspensions
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power
impose
fixed
suspensions
short
duration
carry
potential
total
exclusion
congress
found
objectionable
indeed
despite
broad
injunction
district
mills
board
education
district
columbia
supp
dc
recognized
school
officials
suspend
disabled
children
temporary
basis
see
id
cf
goss
lopez
suspension
schooldays
works
sufficient
deprivation
property
liberty
interests
trigger
protections
due
process
clause
believe
agency
correctly
determined
suspension
excess
days
constitute
prohibited
change
placement
conclude
appeals
erred
extent
approved
suspensions
days
duration
petitioner
also
notes
california
schools
may
suspend
given
student
total
certain
special
circumstances
schooldays
single
year
see
cal
educ
code
ann
west
supp
argues
therefore
school
district
may
option
imposing
suspension
dealing
obstreperous
child
whose
previous
suspensions
year
total
days
fact
remains
however
state
law
define
scope
may
cases
suspension
otherwise
valid
provision
violate
local
law
effect
violation
however
question
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law
upon
express
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therefore
reject
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district
judge
abused
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local
school
officials
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respondent
pending
completion
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proceedings
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government
suggestion
district
judge
view
bound
enjoin
violations
provision
rather
consistent
analysis
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parties
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balance
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favor
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factual
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note
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parties
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district
judge
gave
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respondent
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indulged
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