A juvenile with autism charged for 243.6 for a fight with a substitute. Does a disability factor into decision made?

Asked over 1 year ago - San Jose, CA

His individual education plan states that he has triggers and difficulty managing frustration when triggered.

Attorney answers (2)

  1. James Victor Kosnett

    Pro

    Contributor Level 8

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    Answered . Yes. He is entitled to a seperate hearing, prior to his school disciplinary hearing, to determine if the allegedly wrongful behavior was a manifestation of his disability. The juvenile prosecutor and judge should also take his disability into account in determining his situation there.

  2. Frederick M. Stanczak

    Contributor Level 10

    Answered . Under the Individuals with Disabilities Edeucation Act, a school district must determine if the behavior of a child who has been identified as a special education student was a "manifestation of disability" before it can proceed with an expulsion or other long term exclusion from school. If he hasn't been identified as eligible for special education, he may still have some protection from disciplinary action if the school district had reason to believe that he was a child with a disability but failed to evaluate him. These questions are more complex than they appear from the general description of the issues. I would advise you to consult with an attorney experienced in special educaion law to determine your child's rights in the educational and criminal law forums.

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