School Climate & Safety

Court Rejects ED Stance in Spec. Ed. Discipline Case

By Lynn Schnaiberg — February 12, 1997 4 min read
  • Save to favorites
  • Print

The U.S. Department of Education cannot withhold special education dollars from Virginia because the state does not require that disabled students who are suspended or expelled from school receive educational services, a federal appeals court ruled last week.

In an 11-2 vote, the U.S. Court of Appeals for the 4th Circuit in Richmond, Va., reversed a three-judge panel’s earlier decision that found in favor of the Education Department. That 2-1 decision was handed down last June.

In light of the most recent ruling in this closely watched case, the federal education agency now is considering an appeal to the U.S. Supreme Court. The issue of disciplining special education students has gained a higher profile in recent years as states have enacted laws designed to deter violence in schools.

“While we are deeply concerned with discipline and safety in schools, we strongly support every child’s right to an education,” a spokesman for U.S. Secretary of Education Richard W. Riley said last week. “We are disappointed in the ruling and will be considering an appeal.”

But the Feb. 5 ruling drew praise from school groups. Many have long argued that the Education Department has overstepped its bounds in interpreting the chief federal special education law--the Individuals With Disabilities Education Act--and in enforcing the law based on such interpretations.

The IDEA guarantees that disabled students have the right to a “free, appropriate public education.” Federal officials have argued that the law provides no exception to that mandate--even if the behavior that triggers a suspension or expulsion is unrelated to a student’s disability, as in the Virginia case. The IDEA does not explicitly address discipline.

‘Attempted Coercion’

In Virginia, students who are suspended or expelled--disabled or not--are not entitled to receive alternative education services. Virginia officials and other critics have argued that the federal government’s position fosters a double standard in which disabled students do not have to face consequences for their actions.

“This is a landmark decision by the Fourth Circuit that should bring cheer to parents and school leaders all across the country,” Republican Gov. George F. Allen of Virginia said last week. “Hopefully the federal Department of Education will accept this decision and cease their attempted coercion.”

The dispute dates to 1994, when the Education Department threatened to withhold nearly $60 million in federal special education money because Virginia refused to change its discipline policy. When Virginia officials went to the appeals court in March 1994, the court said the the case first had to go through an administrative appeal. Virginia lost at the administrative level in 1995, and the three-judge panel of the 4th Circuit court ruled against the state in 1996. State officials then asked the full appellate court to review the case, which resulted in their victory last week. (“Disciplining Special-Education Students: A Conundrum,” Nov. 30, 1994 and “Va. Is Ordered To Serve Expelled Spec.-Ed. Students,” April 19, 1995.)

“The secretary of education and the assistant attorney general acknowledge, as they must, that IDEA at most only implicitly conditions the states’ receipt of funds upon the continued provision of educational services to students expelled for misconduct unrelated to their handicaps,” Judge J. Michael Luttig said in a portion of the opinion joined by a majority of the court. “In order for the states to be bound by a condition upon the receipt of federal monies, the Congress must have affirmatively imposed that condition in clear and unmistakable statutory terms.”

Back to Court?

Meanwhile, the National School Boards Association and other groups hailed the ruling.

“This is a big victory for Virginia and a lot of other states and school districts,” said Gwendolyn H. Gregory, the deputy general counsel for the school boards’ group. “The U.S. Education Department would have a heck of a time imposing this rule after being hit with this ruling.”

Both the NSBA and the American Association of School Administrators have argued that schools need more flexibility in disciplining disabled students. The administrators’ group does not support cutting off services to any student, said Bruce Hunter, the group’s senior associate executive director.

When the Virginia case began, state officials agreed to provide services to the students in question while the case made its way through the courts. Since 1994, the state has spent $1.5 million to serve roughly 900 suspended or expelled special education students, said Margaret N. Roberts, a spokeswoman for the Virginia education department.

Legal experts said last week’s ruling is notable because the courts often defer to a federal agency’s interpretation of a law.

Assuming that the federal government decides to appeal the case, whether the Supreme Court would agree to hear it is unclear. The court rejects far more cases than it accepts for review. But if the case is accepted, Virginia might have an uphill battle, said Perry A. Zirkel, a professor of education and law at Lehigh University in Bethlehem, Pa.

“Historically the court has given a pretty expansive interpretation of children’s rights under the IDEA,” Mr. Zirkel said.

Regardless, the case is sure to surface when Congress begins to retool the IDEA later this year. (“Discipline Again To Top Special Ed. Debate,” Jan. 29, 1997.)

Related Tags:

Events

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
IT Infrastructure & Management Webinar
Future-Proofing Your School's Tech Ecosystem: Strategies for Asset Tracking, Sustainability, and Budget Optimization
Gain actionable insights into effective asset management, budget optimization, and sustainable IT practices.
Content provided by Follett Learning
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Budget & Finance Webinar
Innovative Funding Models: A Deep Dive into Public-Private Partnerships
Discover how innovative funding models drive educational projects forward. Join us for insights into effective PPP implementation.
Content provided by Follett Learning

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety How Columbine Shaped 25 Years of School Safety
Columbine ushered in the modern school safety era. A quarter decade later, its lessons remain relevant—and sometimes elusive.
14 min read
Candles burn at a makeshift memorial near Columbine High School on April 27, 1999, for each of the of the 13 people killed during a shooting spree at the Littleton, Colo., school.
Candles burn at a makeshift memorial near Columbine High School on April 27, 1999, for each of the of the 13 people killed during a shooting spree at the Littleton, Colo., school.
Michael S. Green/AP
School Climate & Safety 'A Universal Prevention Measure' That Boosts Attendance and Improves Behavior
When students feel connected to school, attendance, behavior, and academic performance are better.
9 min read
Principal David Arencibia embraces a student as they make their way to their next class at Colleyville Middle School in Colleyville, Texas on Tuesday, April 18, 2023.
Principal David Arencibia embraces a student as they make their way to their next class at Colleyville Middle School in Colleyville, Texas, on Tuesday, April 18, 2023.
Emil T. Lippe for Education Week
School Climate & Safety 4 Case Studies: Schools Use Connections to Give Every Student a Reason to Attend
Schools turn to the principles of connectedness to guide their work on attendance and engagement.
12 min read
Students leave Birney Elementary School at the start of their walking bus route on April 9, 2024, in Tacoma, Wash.
Students leave Birney Elementary School at the start of their walking bus route on April 9, 2024, in Tacoma, Wash. The district started the walking school bus in response to survey feedback from families that students didn't have a safe way to get to school.
Kaylee Domzalski/Education Week
School Climate & Safety Most Teachers Worry a Shooting Could Happen at Their School
Teachers say their schools could do more to prepare them for an active-shooter situation.
4 min read
Image of a school hallway with icons representing lockdowns, SRO, metal detectors.
via Canva