Fitzgerald v. Fairfax County School Board

Kevin Fitzgerald was a high-school student entitled to special-education services under the Individuals with Disabilities Education Act (IDEA) as a result of an emotional disability. Kevin’s individualized education program noted that he was susceptible to being drawn into inappropriate behaviors by other classmates. One day, Kevin persuaded some fellow students to drive to the high school and shoot at the building and school vehicles with paintball guns. Kevin was the instigator and driver for the vandalism, which involved multiple trips to retrieve more paintball supplies and return to the school and occurred over several hours. After Kevin’s participation in the event was uncovered, the school principal recommended Kevin be expelled, as required under state law for students who brought that type of gun onto school property. The Fairfax County School District (the district) (defendant) undertook a manifestation-determination review (MDR) to determine whether Kevin’s conduct was related to his disability, as required under the IDEA. The MDR committee found that Kevin’s conduct was not substantially related to his disability, and Kevin was eventually suspended for the rest of the school year. Kevin’s parents (the Fitzgeralds) (plaintiffs) brought an administrative claim alleging that Kevin’s behavior was related to his disability and that the suspension therefore violated the IDEA. The administrative review upheld the district’s decision, and the Fitzgeralds appealed the decision in federal district court.