Thomas F. Smith III an eight year old boy suffers from cerebral palsy and other physical and emotional handicaps. The Cumberland School Committee had agreed to place Tommy in a day program at Emma Pendleton Bradley Hospital in East Providence, R.I. Tommy started attending the schools program sometime in November 1976, however, the School Committee decided to no longer fund Tommy's placement in the special educational program. The committee said that the way they understood the law was that they were not responsible for educating an emotionally disturbed child. They were under the impression that it was the State's Division of Mental Health and Retardation. Tommy's mom who was also named in the case appealed to the Superintendent to the school committee and she filed a complaint under 42 U.S.C. in the United States District Court for the District of Rhode Island against the members of the School Committee. She claimed that she wasn't receiving due process under "Article IX—Procedural Safeguards" of the Regulations adopted by the State Board of Regents regarding Education of Handicapped Children. Article IX was to assure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education. Tommy's mom wanted him to be placed back into the program pending an appeal of the Superintendent's decision. The District Court issued a temporary restraining order and also a preliminary injunction. The court sided with Tommy's mom, that the regulations required the
