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Essay on Case Law Review: Honig vs. Doe
In 1987 two students of the San Francisco Unified School District, Doe and Smith, were suspended for disruptive and violent conduct that was directly related to their individual disabilities. The superintendent of the school district at the time of these events was Bill Honig. All disabled students, including those with serious emotional disturbances like Doe and Smith, were provided a “free appropriate public education” under the Education of All Handicapped Children Act. This provision was a necessity to any states that received federal financial assistance under the act.
The EHA created a system of safeguards and other procedures necessary to provide parental participation in the specific disabled child’s educational placement. This act also had a “stay-put” provision that stated a disabled child “shall remain in [his or her] then current educational placement” depending on the completion of any review proceedings. The only time this did not apply was when parents and state or local agencies of education agreed otherwise.
Doe and Smith both filed a suit in federal district court because they felt the suspension and possible expulsion violated the provisions of the EHA. They sought injunctive relief against officials of the San Francisco Unified School District and the State Superintendent of Public Instruction. The court issued the injunction. The school district appealed.
The court of appeals made three decisions. First, in regards to Doe, the court case was moot because the law only applied to disabled children between the ages of three and twenty-one. At the time of the case, Doe was already twenty-four years old but Smith was still eligible under the EHA because he was only twenty years old. The court of appeals also stated that, given the evidence of the case, it was reasonable to expect that Smith would continue his aggressive and disruptive behaviors in the classroom because of his personal....
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