ERIC Number: EJ842558
Record Type: Journal
Publication Date: 2008
Pages: 3
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0040-0599
EISSN: N/A
Available Date: N/A
Due Process Hearing Case Study
Bateman, David F.
TEACHING Exceptional Children, v41 n2 p73-75 Nov-Dec 2008
Chris resides with his parents and attends school in an unnamed district ("the District"). During the second half of second grade, Chris started to have problems with reading and written expression. The District evaluated Chris and did not find problems significant enough to identify him as having a learning disability. At about the same time his parents obtained an independent educational evaluation (IEE) that diagnosed a reading disorder and a disorder of written expression. Though the District's initial evaluation had not found Chris eligible for special education and related services, it used the IEE to identify him as a student with a learning disability. Third grade went well, with Chris making appropriate progress. During fourth grade Chris received very little assistance from the special education teacher and received all As. During the annual review of Chris's individualized education program (IEP) in April 2008, the District felt Chris no longer required special education, and sought to discontinue his special education services. To ensure that this was the correct decision, the District suggested reevaluating Chris. The parents objected, stating Chris had been evaluated enough over the previous year. The District filed for a due process hearing seeking to complete this reevaluation; at this point, the parents agreed to the evaluation and the District withdrew the request for a hearing. After completing the reevaluation, the District recommended Chris be dismissed from special education. The parents rejected the District's evaluation. The District filed for a due process hearing to seek a ruling as to whether Chris was still eligible for special education services. The parents filed for a hearing at about the same time seeking reimbursement for the IEE. This article offers an analysis of this case.
Descriptors: Civil Rights, Learning Disabilities, Special Education Teachers, Grade 4, Grade 3, Grade 2, Individualized Education Programs, Related Services (Special Education), Special Education, Case Studies, Eligibility, Student Evaluation
Council for Exceptional Children. 1110 North Glebe Road Suite 300, Arlington, VA 22201. Tel: 888-232-7733; Fax: 703-264-9494; e-mail: cecpubs@cec.sped.org; Web site: http://www.cec.sped.org/AM/Template.cfm?Section=Publications1
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Education; Grade 2; Grade 3; Grade 4
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A
Author Affiliations: N/A