The 5th Circuit Court of Appeals to rule on a critical issue in Schoolhouse to Jailhouse
A 12 year old student with a disability faced diciplinary action after getting entangled in a friend's school prank.
The school district initially made a determination in an MDR (Manifestation Determination and Review) hearing, finding that he committed an offense that rose to the level of a felony and decided to remove him to a Disciplinary Alternative Education Placement (DAEP).
However, the Juvenile Justice Authority investigated and found that no felony had been committed so prosecutors declined to charge the student with any offense.
But the school district chose to not review the student's placement even though the evidence showed he'd received DAEP solely due to his friend's prank. His due process rights were cast aside just as so many other students who've faced similar circumstances.
Because of his family's advocacy and persistent efforts, oral arguments on the critical legal question below will take place on June 6th in the U.S. 5th Circuit Court of Appeals in New Orleans.
Do school districts have the right to not reveiw disciplinary alternative education placements (DAEP) once a law enforcement agency finds that no offense was committed?