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S-1 v Turlington
Transcript of S-1 v Turlington
Elijah T. Brambilla
Seven students (S-1, S-2, S-3, S-4, S-5, S-6, and S-8) were expelled
Clewiston High School
Early part of 1977-78 school year
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
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
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