Friday, April 15, 2016
Incarcerated Students and Special Ed Law- Part III #IncarceratedStudents
Incarcerated students is one of the hottest issues in special education law. There has been a lot of recent activity concerning the special education rights of students who have had a brush with the criminal law- being arrested or accused of a crime; spending time in juvenile hall or even being incarcerated.
One question involves whether the school district has any duty to evaluate a student who returns from juvenile hall. Does that trigger a child find duty? If the student is already on an IEP, does the team need to meet and discuss the student's needs?
In Meridian Joint Sch Dist No. 2 v. DA ex rel MA 792 F.3d 1054, 65 IDELR 253 (Ninth Cir. 7/6/15), the Ninth Circuit affirmed hearing officer and lower court finding that parents were entitled to an independent educational evaluation at public expense due to SD failure to evaluate the student after his release from a juvenile facility.
So what do you think. Should a trip to juvenile hall require an evaluation? When is the child find duty triggered? Is a brush with the law something that an IEP team should watch carefully?