What was Honig v Doe?

Answer 1

Honig arose out of a decision of the San Francisco Unified School District (SFUSD) to expel two emotionally disturbed children from school indefinitely for violent and disruptive conduct related to their disabilities.

Respondents Doe and Smith, who were emotionally disturbed students, were suspended indefinitely for violent and disruptive conduct related to their disabilities, pending the completion of expulsion proceedings by the San Francisco Unified School District (SFUSD).

The issue posed was whether the school district could exclude these children from school pending final review of the proposed exclusion.

Doe's parents sued the school district.

Honig was significant for three reasons:

1. It established that the procedural protections applicable to disabled children applied as well to emotionally disruptive, even dangerous disabled children;

2. It granted the right to local school districts to seek judicial intervention, in advance of final decision, to change the placement of a child for appropriate reasons;

3. In an equally divided decision, the Court affirmed a lower court finding that the state, not just a local district, could be ordered to provide a free appropriate education.