Friday, May 20, 2016

Incarcerated Students & Special Ed Law Part VI: overview #IncarceratedStudents

OK so as we wind down this series about special ed students who have had an encounter with the criminal law, let's review.

First as to the issue in general, we know that OSEP and other federal agencies are interested in this topic. This means that we should be interested in it too.

Next, as to the teaser question the guidance from one court is that probably a student cannot be too bad for FAPE although students tried as an adult and confined in an adult prison may have their IEP teams make some amendments to their educational plan for security reasons. Maybe we will see more cases along these lines?

Probably the biggest takeaway though is that school officials and IEP teams should take note when a student is arrested or returns from juvenile hall. If the student is not already eligible, does this fact trigger the school district's child find duty? If the student is already on an IEP, should this fact call for a meeting to examine whether the IEP needs to be tweaked.  I predict a hot button issue around these sorts of facts for the foreseeable future.

What's in your crystal ball? Will this be a hot button?

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