Day 62: Children with Disabilities Accused of Crimes

The Individuals with Disabilities Education Act (“IDEA”) provides some protections to students with known or suspected disabilities when accused of a violation of the code of conduct. However, if such disciplinary infraction also constitutes a crime, the IDEA does not prevent a school from reporting the crime simply because the child has a disability. For reference, see 34 CFR section 300.535, a federal regulation that implements 20 USC section 1415(k)(6).

If a school district reports a crime committed by a child with a disability, the school district may only transmit copies of the child’s special education records and disciplinary records to the extent permitted by the Family Educational Rights and Privacy Act (“FERPA”), such as when the parent provides consent or when served with a lawfully issued subpoena or judicial order. School districts must ensure that copies of the child’s special education and disciplinary records are transmitted for consideration by the authorities to whom the school district reports the crime. With very few exceptions, parents should receive prior notification of the transmittal of education records under these circumstances. Prior notification offers the parent an opportunity to seek protective action.

To discuss the interplay between a student’s disciplinary matter and coinciding criminal matter, book a virtual consultation on my website, https://www.MSRLegal.ORG/Book-Your-Consultation . Also, follow @MSRLegalConsulting on Instagram where I post about the evolving landscape of special education in the wake of Covid-19.

Be safe,

Oroma

Check out my Facebook page: @MSRLegalOroma

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