| Venue: | D. DC |
| Facts: | 7 children denied attendance at DC public schools and/or denied publicly supported education. They have been labeled as behavioral problems, hyperactive, mentally retarded, emotionally disturbed, etc., and on that basis excluded. Also they're all black and from poor families. |
| Posture: | Civil suit seeking injunctive and declaratory relief. Class action. Defendants agreed to an order, signed by the court, that they would provide publicly-supported education, and figure out how many other kids are in the same boat; the defendants failed to comply, so motion to show cause for contempt. Then motion for summary judgment. The school board comes up with a plan, but fails to implement it. Motion for summary judgment granted. The board of education presents some more plan documents, but none of te other defendants are on board. |
| Issue: | Does the failure to provide the plaintiffs with publicly supported education and the exclusion of "exceptional" children without a provision for review, etc., violate due process? |
| Holding: | Judgment for plaintiffs. Special master to be appointed to oversee this mess. Contempt for folks who don't comply timely. Also publication, so others can get in on this. Procedures for hearing laid out. |
| Rule: | The freaking statutes, gosh darn it. |
| Reasoning: | There's a clear statutory and constitutional basis for relief here. There have been no hearings prior to the exclusions/expulsions. The fact that the defendants claim they're not able to comply does not excuse them. |
| Dicta: | |