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S-1 v Turlington

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Elijah Brambilla

on 14 July 2016

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Transcript of S-1 v Turlington

S-1 v. Turlington
Elijah T. Brambilla
The Issues
Conclusion
Conclusion
Conclusion
Conclusion
Issues
Issues
S-1 ?
Facts
Facts
Facts
1981
Seven students (S-1, S-2, S-3, S-4, S-5, S-6, and S-8) were expelled

Clewiston High School

Hendry County,Florida

Early part of 1977-78 school year
Alleged misconduct

Expelled for remainder of year

Maximum extent allowed by law
All plaintiffs were classified as:

Educable Mentally Retarded (EMR)

Mildly Mentally Retarded

EMR / Dull Normal
Superintendent of Hendry County Schools determined:

Since S-1 was classified as seriously emotionally disturbed, his misconduct could not be a manifestation of his handicap
Before a handicapped student can be expelled:

A "trained" and "knowledgeable"group of persons (teachers, administrators, child study team, psychologists, etc.) must determine whether a student's misconduct is caused by his disability

An expulsion is considered:

A change in educational placement, which invokes protections under the Education for all Handicapped Children Act (EHA, now IDEA) and section 504
Expulsion is:

A proper disciplinary tool under EHA and section 504, but a complete cessation of educational services is not
Plaintiffs were accorded procedural protections required by Goss v. Lopez (the right to a hearing [manifest determination meeting] before expulsion is conducted)

Except for S-1, the students did not request and were not given a hearing to determine whether their conduct was a manifestation of their handicap
Protections
Trial court determined S-1's conduct was unrelated to his handicap

However, determination was made by school board officials who lacked expertise to make such a decision

EXPULSION IS A CHANGE IN EDUCATIONAL PLACEMENT
Full transcript