Representing Students with Disabilities When School Discipline & Criminal Prosecution Collide

(204 Ratings)

Produced on: August 07, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 93 minutes
Difficulty Intermediate

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 


Faculty

Robert M. Tudisco

Barger & Gaines

Robert M. Tudisco, is a nationally recognized author, motivational speaker and non-profit management consultant, in addition to being a practicing attorney at the law firm of Barger & Gaines, in Irvington NY. He is also an adult diagnosed with ADHD. From 2010 through 2013, Robert was the Executive Director of the Edge Foundation, a non-profit organization that provides specialized coaching for students with ADHD and Executive Functioning Impairment. He is a past member of the National Board of Directors of Children and Adults with Attention Deficit Disorder (CHADD), serving as a member of its Public Policy Committee since 2003, and as Committee Chair from 2005 through 2008. Robert is also a former Vice President of the Attention Deficit Disorder Association (ADDA). Since his diagnosis, he has researched and written extensively on the subject of special education law and disability advocacy, as well as the over representation of individuals with ADHD and co-occurring mental health conditions in the juvenile/criminal justice systems compared to that in the general population. He is a frequent resource for the media on these subjects including CBS News, New York Times Magazine, Newsweek, ABC News, The BBC, NBC’s Today Show, CNN, USA Today, Seattle Times. Robert has been published in ATTENTION® Magazine and regularly contributes on adult, parenting and legal issues, in addition to serving on its Editorial Advisory Board from 2004 through 2014. He was also the legal expert columnist for ADDitude Magazine from 2007 through 2012.

Robert received his Juris Doctor at the Fordham University School of Law in 1989. He subsequently served four years as an Assistant District Attorney in Bronx County, NY. For the last twenty five years he has specialized in the areas of education law, disability advocacy and criminal law. He also lectures at conferences and continuing legal education seminars throughout the country, and speaks at special education PTA meetings. He also accepts engagements as a keynote and motivational speaker for parenting and student groups.

Robert is an avid runner, sports philanthropist and nine time marathon finisher. He has developed a number of programs to raise funding and awareness for organizations such as CHADD and The Edge Foundation. As the Executive Director of the Edge Foundation, he created Team Edge, as a means to promote a healthier way of life for Edge Coaches and Students and also to raise funding and awareness about Edge’s mission through various athletic events. In 2009, Robert ran the New York City Marathon on a team of 125 runners who collectively raised over $485,000 for Autism Speaks. He lives with his wife and son in Eastchester, New York.


Reviews

JA
Jennifer A.

Presentation and written materials well done.

VJ
Van J.

A very interesting and substantive addition to the other education-related material I've reviewed.

DL
Daniel L.

outstanding and needed

TM
Thomas M.

Excellent program-Speaker was very knowledgeable.

JS
Jodie S.

Excellent presentation.

CL
Cathy L.

professor was good

AM
Amy M.

Really well done!

MW
Matthew W.

Very informative!

AK
Abby K.

This was a very good overview. Thanks!

HH
Holly H.

Excellent presentation

CR
Chris R.

Very timely and relevant seminar for our practice.

RL
Rob L.

Excellent program and presenter...

DH
Diane H.

Enjoyed the presentation

VD
Vincent D.

Very interesting and well-informed presentation.

LH
Laura H.

Great speaker

Load More

$89

$ 89 Education Law, Disability & Social Security Law, Administrative Law, and Public Interest Law In Stock

Accreditation

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.