Q: My child was arrested for illegal trespass on school property, where he attends school . Special needs 504
My son went to school with his brother on the bus. The bus was late my son was approached by a school administrator while walking on school property administrator, then tried to tell my child is being illegally trespassed and was going to suspend him that he had to leave as my child tried to leave the school grounds. He was then approached by sheriffs And said the sheriffs he was forced to take my child down and pay some of the rest. My child was supposed to be on school grounds for that is his school they violated their own policies. I was supposed to be notified immediately before any escalation clause, my child is on the 504 determination , he is supposed to be dealt with differently than the normal students, but I know time did I give any consent for any officer or school officials to place their hands on my child which I don’t need the score administrator hurt my child’s arm from the way, he was grabbing them. The officer also slam my child to the ground and they were two officers
A:
In the situation where your child, who is on a 504 plan, was arrested for illegal trespass on school property, there are several important factors to consider regarding his rights and the school's obligations.
Firstly, students with 504 plans are entitled to certain protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. These protections apply in disciplinary situations. When a student with a 504 plan is disciplined, the school must ensure that the disciplinary measures do not infringe upon the student's rights and that they continue to receive the services outlined in their 504 plan. This includes ensuring that any change in the student's placement due to disciplinary actions does not prevent them from receiving these services.
If the disciplinary action results in a change of placement for more than a total of 10 school days, the school is required to notify parents or caregivers immediately in writing and inform them about their legal rights. Additionally, the school must conduct a special review, known as a manifestation determination, to ascertain whether the misbehavior was a result of the child’s disability. If the misbehavior is found to be caused by the child's disability, the school and the IEP team must conduct a functional behavioral assessment (FBA) and implement or modify a behavior intervention plan (BIP) as necessary.
For any disciplinary actions, schools are required to follow their code of conduct, which should be accessible to parents and students. This code outlines the rules of behavior and the consequences for breaking these rules. Students with IEPs or 504 plans, while expected to follow these rules, have additional protections and rights regarding school discipline.
The Office for Civil Rights (OCR) under the Department of Education has the administrative authority to enforce Section 504. This means that if you believe the school has violated your child's rights under Section 504, you have the option to file a complaint with OCR or initiate a private lawsuit against the school district.
In the context of the specific incident involving your child, it's crucial to examine whether the school followed the proper procedures as outlined by the 504 plan, including the requirement to notify you before escalating the situation and to conduct a manifestation determination. It's also important to consider whether the school's actions were in accordance with its code of conduct and whether the disciplinary measures were appropriate and non-discriminatory.
Given the complexity of these laws and the seriousness of the situation, it might be beneficial to consult with an attorney experienced in education law or a special education advocate who can provide specific guidance and support based on your child's individual circumstances.
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