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ERIC Number: EJ849804
Record Type: Journal
Publication Date: 2007
Pages: 3
Abstractor: ERIC
ISSN: ISSN-0040-0599
Due Process Hearing Case Study
Bateman, David F.
TEACHING Exceptional Children, v40 n2 p65-67 Nov-Dec 2007
"Kevin" is a 16-year-old student identified by an unnamed School District ("the District") as a student with a learning disability; he is also eligible for a Section 504 plan as a student with ADHD. He currently attends his local high school. He and his friends were in the hall of his high school when Kevin, on a dare from his friends, dropped his pants and "mooned" some other students. His science teacher happened to walk around the corner at that very moment, and implored him to pull up his pants. He later said he did not hear the science teacher because of the other students' noise; the science teacher believed Kevin intentionally was not following directions, and kept his pants down to offend her. As a result, Kevin was suspended for 10 school days. In contemplation of possibly removing him for additional days, the District convened a manifestation determination meeting wherein they found that his actions were not a manifestation of his specific learning disability in math. Kevin's parents disagreed with the manifestation determination report as completed by the District, and requested a due process hearing to determine if the behavior was a manifestation of his disability. The fundamental issue for the parents in this case was whether Kevin's behavior was a manifestation of his attention deficit/hyperactivity disorder (ADHD). The parents alleged the district failed to (a) recognize Kevin's extensive history of behavior problems associated with his ADHD, and (b) convene an appropriate team to make the manifestation determination. The Hearing Officer agreed with the parents that Kevin's behavior was a manifestation of his disability. Because Kevin has ADHD, he does not have the necessary executive functioning to inhibit impulses or to anticipate consequences; therefore, his problem behaviors are caused by and have a substantial relationship to his disability.
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: High Schools
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act