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Decriminalizing Students With Disabilities, Dean Rivkin
Decriminalizing Students With Disabilities, Dean Rivkin
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Despite the enactment of the Individuals With Disabilities Education Act (IDEA) in 1975, students with disabilities have been disproportionally singled out for school exclusion and “push-out” through disciplinary actions, inadequate educational programs, and criminal prosecution. In Honig v. Doe, 484 U.S. 305 (1988), the United States Supreme Court condemned the disciplinary exclusion of students for behaviors that were manifestations of the students’ emotional disabilities. Criminal prosecution of students for disability-related behavior was curbed in the case of Morgan v. Chris L., 927 F. Supp. 267 (E.D. Tenn 1994), aff’d 106 F.3d 401 (6th Cir. 1997). This article examines the Chris …