Stopping Inappropriate Responses to Disruptive Students: Public Schools and Emergency Medical Services (EMS)

On January 2014, in an unprecedented effort to address harsh practices and racial disproportionality in school discipline (a/k/a “schools to prison pipeline”), the United States Department of Justice and the United States Department of Education issued joint guidance to all public schools regarding school climate. The guidance cited disproportionately high rates of suspensions and expulsions for minority students, especially African American students, and students with disabilities. The guidance further noted that such exclusionary discipline practices are correlated to a host of negative “educational, economic, and social problems, including school avoidance and diminished educational engagement; decreased academic achievement; increased behavior problems; increased likelihood of dropping out; substance abuse; and involvement with juvenile justice systems.”

Although efforts to end the schools to prison pipeline have mainly focused on traditional disciplinary responses such as removals, suspensions and expulsions, this program will focus on a common practice in the New York City public school district to use emergency medical services (EMS) to intervene with disruptive students. Often these interventions result in the student being transported to the hospital emergency room for a psychiatric evaluation. The presentation will look at the legal issues implicated by these removals including disability discrimination, constitutional law claims and tort liability. In addition the program will explore guidance and best practices regarding a school’s response to a child experiencing an emotional or psychological crisis.

Learning Objectives: 

1. Understand the role of emergency medical services in the “schools to prison pipeline”
2. Understand relevant federal and state laws regarding illegal school exclusions
3. Assess how disability discrimination laws can support reducing illegal school removals
4. Provide practical guidance to reduce illegal removals by school personnel