NotesFAQContact Us
Search Tips
Peer reviewed Peer reviewed
Direct linkDirect link
ERIC Number: EJ844264
Record Type: Journal
Publication Date: 2009
Pages: 3
Abstractor: ERIC
Reference Count: 2
ISSN: ISSN-0040-0599
Due Process Hearing Case Study
Bateman, David F.
TEACHING Exceptional Children, v41 n6 p68-70 Jul-Aug 2009
Marnie is a resident of an unnamed School District ("the District"). In January 2000 at the age of 13, Marnie was involved in a bicycle accident that severely damaged her central nervous system, leaving her without use of her legs or left hand and cognitively impaired. She had not received special education previously. By September 2001, Marnie had returned home and began receiving instruction in daily living skills. In February 2002, Marnie joined the District's class for students with learning disabilities to receive instruction that was more academic. In March 2002, when Marnie was 15, the transition portion of her individualized education program (IEP) contained a few entries--she was to follow directions, come to class on time, and ask for help when needed--but not much else. In January 2003, Marnie began attending a local vocational technical program three mornings a week, where she learned to sort nuts and bolts and package pretzels. Her individualized education program (IEP) did not list outcomes for postsecondary training, employment, or residential program. During the 2003-2004 school year, Marnie was enrolled in an academic curriculum, and her IEP did mention community living and instruction for postschool outcomes. Throughout the school year she continued instruction in a self-contained classroom that focused on basic academics letter and number recognition, simple computation, safety words). In August 2004, her program was changed from an academic focus to a prevocational/vocational focus. In June 2005, the District tried to graduate Marnie. Marnie's parents filed for a due process hearing, citing two specific issues: the transition plan was inappropriate and the District's attempt to graduate Marnie was also inappropriate, thereby denying her a free appropriate public education (FAPE). The filing of the hearing prior to the graduation ceremonies prevented Marnie from participating in graduation. She continued to receive special education services throughout summer 2005, during which time the hearing was held in five sessions. The hearing officer found that the District's attempt to graduate Marnie was clearly inappropriate. The decision directed that she be allowed to stay in school through age 21 in order to receive the transition services necessary for her to receive a free appropriate public education.
Council for Exceptional Children. 1110 North Glebe Road Suite 300, Arlington, VA 22201. Tel: 888-232-7733; Fax: 703-264-9494; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act