Representing Students with Disabilities When School Discipline & Criminal Prosecution Collide

Statistically, students with disabilities are disciplined at a rate of more than twice the rate of students without disabilities and represent an even higher rate of school referrals to law enforcement for prosecution. As a result of a number of factors, students are being suspended and arrested for the same conduct, resulting in an administrative disciplinary process as well as a contemporaneous prosecution in criminal/family court.  

An increasing number of students face simultaneous suspension and prosecution. This program, presented by attorney Robert M. Tudisco, will discuss representation of students with disabilities who are suspended and prosecuted with a particular emphasis on the added legal protections that students with disabilities are provided under IDEA and Section 504, and how the concept of a Manifestation Determination in the discipline matter can significantly impact the outcome of the prosecution.

Learning Objectives: 

1. Identify why schools are referring a higher percentage of cases to law enforcement in addition to the school discipline process
2. Discuss the reasons why students with disabilities are suspended and prosecuted at a higher rate than their non-disabled counterparts
3. Understand the law with respect to school discipline under IDEA and Section 504 and the concept of Manifestation Determination
4. Consider the impact that the suspension process and Manifestation Determinations can have on the criminal prosecution of disabled students
5. Review practical strategies attorneys can use to defend and/or mitigate a student's criminal prosecution