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Journal of Deaf Studies and Deaf Education 9:2 2004
© Oxford University Press 2004; all rights reserved

Legal Matters Relating to Deaf and Hard-of-Hearing Individuals
Edited by McCay Vernon and Marc Marschark

Ignoring Free, Appropriate, Public Education, a Costly Mistake: The Case of F.M. & L.G. versus Barbour County

Susan R. Easterbrooks

Georgia State University

Linda R. Lytle

Washington, DC

Patricia M. Sheets

University of Alabama, Birmingham

Bobbie S. Crook

Dothan, Alabama

In 2000, the 11th Circuit Court provided the largest single award in special education history to date, approximately $2.5 million, to two teenaged students who were deaf. The students were judged to have been denied a free, appropriate public education (FAPE), having spent their academic careers in generic special education classes for students with multiple disabilities without the benefit of access to a communication system; the services of a certified, qualified teacher of the deaf; or related services. This article describes the case from the perspective of FAPE, least restrictive environment, and due process in the presence of guardians who did not understand the implications of the Individual Education Program (IEP) teams' decisions; presents a chronology of the case; explores the implications for various stakeholders; and discusses the catastrophic impact on the social, emotional, communication, and academic development and earning potential of the students.

All correspondence should be sent to Susan R. Easterbrooks, Department of Educational Psychology and Special Education, Georgia State University, MSC 6A0820 33 Gilmer St., SE Unit 6, Atlanta, GA 30303-3083 (e-mail: seasterbrooks{at}gsu.edu).

Received September 26, 2003; revised November 5, 2003; accepted November 10, 2003


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