Q: An adult student receiving special education services arrested at school. Why would Education Code 37.004 not be used?
After the statue has passed. Is this still considered a federal civil rights law. That has a statue of seven.
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A:
If an adult student receiving special education services was arrested at school, Education Code 37.004 might not be applied if the situation doesn't involve disciplinary actions that typically trigger its use. This code is generally related to the removal of students with disabilities for disciplinary reasons. If the arrest stemmed from criminal behavior or an incident not directly related to school discipline, this code may not apply.
Despite the passing of the statute, protections under federal civil rights laws still apply. For students receiving special education services, the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act provide ongoing protections. These laws ensure students' rights to appropriate education and accommodations, even after an arrest or involvement with the criminal justice system.
It's important to understand that legal protections under these federal laws can be complex and context-dependent. Seeking legal advice or support from an advocacy group can help clarify the specifics of your situation and ensure that the student's rights are upheld.
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