This case began with a due process hearing in which the parents and student sought relief arising from the school district’s alleged failure to identify the
student as a special education student or a student with a disability under
Section 504 of the Rehabilitation Act. Student was accused of creating a bomb scare, which was the basis for an expulsion proceeding. Despite a significant
history of problems with maintaining attention that had a negative impact on
his grades, the District failed to address his attentional issues. After extensive litigation, the Court affirmed the hearing officer’s determination that the school district violated M.L.’s rights under Section 504 of the Rehabilitation Act and reversed the hearing officer’s conclusion that compensatory education and other remedies, such as tuition reimbursement, are not available where the student is only eligible for accommodations under Section 504 even though he is not eligible for special education under the IDEA.