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Teen avoids expulsion from high school

Most of the names in these stories have been changed to protect privacy.

Alberta Whitney was 15 years old and in high school. She had special education services because of specific learning disabilities.

In November 2007, the school district suspended her for allegedly pushing a teacher’s aide during a fight with another student. On December 4, the school district held a manifestation determination review (MDR) to discuss expulsion. At the review meeting, the school district decided that the incident was “not a manifestation of her disability” and recommended expulsion. They also scheduled an expulsion hearing for January 30, 2008.

Under the Individuals with Disabilities in Education Act (IDEA), Alberta should not be expelled if her behavior was a manifestation of her disability. Alberta had had a behavior support plan to help her avoid fighting. But, as of her most recent Individual Education Plan (IEP), that plan was no longer in place.

Alberta did not want to be expelled. She wanted to continue home teaching (her interim placement) or attend another high school in the district.

Staff in the Los Angeles office filed for an expedited due process hearing. They asked for a finding that:

  • The MDR decision was not appropriate, and
  • The MDR decision did not comply with IDEA.

In February 2008, Alberta, her mother, and attorneys from the Los Angeles office met with the school district for an informal resolution session. That meeting led to a settlement and release agreement in which:

  • The school district agreed to conduct an early assessment for Alberta in all areas, including behavior;
  • Alberta would continue with home teaching or attend another high school;
  • They resolved all disciplinary issues; and
  • The due process case was dismissed.

Alberta chose to continue home teaching for the rest of the semester. She also kept the option of attending another high school in the fall, or possibly returning to the same high school.