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Article
Ill Effects of a Well-Intentioned Law: The Rights of the Handicapped Overlooked
Journal Articles
  • Robert L. Burgdorf, University of the District of Columbia
Document Type
Article
Publication Date
1-1-1972
Disciplines
Journal Title Abbreviation
New Dimens. Legis.
Abstract

Indiana's Public Law No. 162, which was signed into law in 1972, is an admirable achievement. The statute consolidated and clarified the procedures to be employed by schools in suspending, expelling or excluding students. The rights of students were closely guarded through the clear enumeration of the requirements of due process in this area. Written notice, a relatively formal hearing, the right to be represented by counsel, the right to cross-examine witnesses, a written decision and record of the proceedings, and an appeal procedure are all specifically mandated by the law whenever a child may be suspended, expelled or excluded. The aim of the law was both to protect pupils from arbitrary decisions and, at the same time, give school administrators a definite means by which to dismiss pupils when it legitimately becomes necessary to do so.

Citation Information
3 New Dimensions in Legislation 54 (1972)