Reauthorization of the Idea Discipline Issues Hearing Before the Subcommitte

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Reauthorization of the Idea Discipline Issues Hearing Before the Subcommitte
Zationofi1995
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Doe in 1988, approximately 48 percent of the calls that the Center for Law and Education received were on behalf of students with disabilities involved in being denied education for purportedly disciplinary rea- sons. While this number abated significantly in the wake of the Honig decision, the numerous variations school districts continued to use to remove students with disabilities from schools, generally for in-school behavior related to the child's disability, is most dis- concerting.
Today
... we have heard many references to the Honig decision, which I have come to conclude is either the most misunderstood or perhaps most misconstrued case ever decided. In a 7-to-2 opinion, the Court underscored the most essential underlying principle of IDEA, that Congress, based on a long history of mistreatment, abuse, and exclusion of children with disabilities, expressly acted to strip school districts of the unilateral authority to exclude stu- dents with disabilities, including in this instance students with se- rious emotional disturbance, from a special school for students with emotional disturbance.

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