Honig V.

Doe

Beth vs. Van Clay 65

Ethical Question: Should a child with an

Ethical Question: Does Beths proposed

emotional behavioral disability be able to stay

placement of ELS violate IDEA?

put in their educational environment when it

may be deemed unsafe by school professionals?
Facts:

Facts:

The case involved two male students in high

Beth has Rett Syndrome.

school.

Beth is nonverbal

One student was 17.

Her disability is difficult to assess functioning

One student was in middle school.

level. Estimates are as low as a 12 month old

Both students demonstrated physically

and as high as a 6 year old.

aggressive behavior toward peers, staff and

Beth is a 7th grader at a public school.

property in November of 1980.

Beth has an IEP

The first student was suspended for five days,

Beth is in wheelchair

but the SFUSD notified the mother that they

She has lack of control over her body movement

recommended his expulsion and that his

Since first grade, Beth has worked with a one on

suspension would continue until the expulsion

one aide at all times in the general education

process was finished.

classroom.

Student qualified for special education services

under EBD.
Arguments against stay put

Arguments for no

Stay put provision says its illegal to

Beth is not receiving instruction from a special

pull a student from their learning

education teacher; therefore, her educational

environment during review proceedings

needs are not being met.

unless agreed upon by parents and

Beth needs to learn functional and life skills that

education officials.
Student is allowed a FAPE during
review of proceedings.

are not provided in the general education

setting.
Beth will be able to learn far more skills in an
individualized session with a special education
teacher.

Arguments for stay put

Arguments for yes

Students may be in danger

Student caused a substantial disruption

Beth can learn subject matter at her level in the

to the school.
Comments were lude and indecent

Beth will learn how to communicate by the

general education classroom

modeling of her typically developing peers.
Beth will be more socially aware by being

Court Decision:

mainstreamed.
Court Decision:

The court decided that school officials are

The court decided that the school districts

entitled to seek injunctive relief to exclude

recommendation to place Beth in an ELS

students when safe learning environments are in

classroom does not violate the IDEA.

jeopardy. However, the court did decide that the

school district needed to provide the student
with services if the public school failed to do so.
The court also ruled that suspensions of more
than ten days were not permissible.