Stuart v. Nappi

United States District Court, Connecticut

Argument Not Provided

Decided January 4, 1978

Back Ground: Kathy Stuart was in her third year at Danbury High School. The records kept by the Danbury School System stated that she suffered from serious academic and emotional difficulties. “They describe her as having deficient academic skills caused by a complex of learning disabilities and limited intelligence.” Her records also showed that she had a history of behavioral problems. The problem in this case is that Stuart is claiming that she has been denied the rights afforded to her by the Handicapped Act. She is seeking a preliminary injunction of an expulsion hearing that was going to be held by the Danbury Board of Education

Decision: According to the temporary injunction issued by state *1244, the court ruled in the favor of the plaintiff, and against the expulsion of the student for violation of the dress code. Danbury Board of Education was also ordered to require an immediate PPT review of plaintiff's special education program, and was preliminarily enjoined from conducting a hearing to expel her. The court also ordered that any changes in her placement must be effectuated through the proper special education procedures. The Danbury Board of Education was violating the Education of the Handicapped Act. In conclusion the injunction was granted, Kathy Stuart won the case.

Impact on Teaching: School systems are required to give a free, equal, and appropriate education to all students no matter their handicap. A teacher cannot separate out handicap students from their classroom. As a part of I.D.E.A laws there is to be inclusion for all handicap students. As teachers we need to establish differentiation in the classroom to adapt for our more physically, mentally, or emotionally handicap students.

Quiz Question: T/F
A handicap student may be removed from the classroom permanently if he or she becomes a distrubance?

By: Kandace Campbell & Mariah Kerlick