Successfully Defended a School District in a Special Education Case

We defended a school district in a special education matter involving a high school student identified with a specific learning disability and ADHD. The student sought out a peer during the school day, went into the peer’s classroom and physically attacked her, punching and kicking her several times. After the incident, the student’s Individualized Education Program team determined the conduct was not a manifestation of the student’s disabilities. The student and her parent disagreed with this determination and requested an expedited due process hearing. At the hearing, the parent argued that the student’s conduct was a result of trauma she had experienced from a previous fight she had with her peer and that the student’s decision to fight the other student was on impulse and attributable to her ADHD condition. We presented testimony from the dean of students that she had talked to the student earlier in the school day, and during the conversation, the student expressed to the dean that she wanted to fight her peer to “squash the beef” they had between them. With this, we argued the student’s behavior was not impulsive, and her decision to attack the student was premediated and thought out. The hearing officer agreed and found the school district was correct in concluding the student’s conduct was not a manifestation of her disabilities. The hearing officer permitted the school district to seek further discipline of the student, including expulsion.