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ERIC Number: EJ891866
Record Type: Journal
Publication Date: 2010
Pages: 3
Abstractor: ERIC
Reference Count: 6
ISSN: ISSN-0040-0599
Due Process Hearing Case Study
Bateman, David F.; Jones, Marni Gail
TEACHING Exceptional Children, v42 n6 p71-73 Jul-Aug 2010
This article presents a due process hearing case study of a mother who contended that his son, D.J., has been denied of a free and appropriate public education (FAPE) of his School District after being suspended from school. D.J., an elementary student, had been described as hyperactive, inattentive, defiant, and often volatile. He was identified by the school counselor as having "a behavior problems so out of control that his presence threatened the safety of the other students." After a particularly violent incident that sent D.J. and another boy to the hospital, D.J. was suspended. His mother argued that the District failed to evaluate and program appropriately her son's behavioral and learning disabilities and that it restricted his access to education for an excessive period. The District contended that suspending D.J. was justifiable, and that a suitable alternative school for D.J. had been identified, but the mother failed to cooperate. However, after a thorough study, the hearing officer determined that it was clearly a denial of FAPE; the student is entitled to compensatory education equal to the period of deprivation.
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: Elementary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Board of Education v Rowley; Individuals with Disabilities Education Act; Rehabilitation Act 1973 (Section 504)