When a child with disabilities faces challenges in school, parents expect understanding and support—not handcuffs or criminal charges. Unfortunately, in Virginia and across the country, students with special needs are often disciplined in ways that escalate beyond the classroom and into the criminal justice system. At Tuomey Law Firm, we have seen firsthand how school discipline, especially when mishandled, can unfairly criminalize children with disabilities.
How School Discipline Can Escalate
Schools have an obligation to provide appropriate services and accommodations to students with disabilities under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. However, when these protections are not honored, a child’s behaviors—often directly related to their disability—may be treated as misconduct.
Some common situations include:
- Suspensions and expulsions for behaviors tied to a disability, such as outbursts, difficulty following directions, or social misunderstandings.
- Referral to school resource officers (SROs), who may not be trained in special education needs and escalate minor incidents into criminal matters.
- Criminal charges filed against students for behaviors that should have been addressed through an Individualized Education Program (IEP) or 504 Plan.
In many cases, these children are being punished twice—once by the school and again by the legal system—for circumstances that are often outside of their control.
When School Discipline Goes Too Far
A line is crossed when:
- A school calls police instead of applying behavioral supports outlined in a child’s IEP.
- Parents are excluded from disciplinary meetings or not informed of their rights.
- A student is removed from school for more than 10 days without a proper manifestation determination review (MDR) to see if the behavior was linked to the disability.
- Zero-tolerance policies result in charges for minor infractions.
In these moments, what starts as a school issue can quickly become a criminal case, putting a child’s future at risk.
How Tuomey Law Firm Can Help
At Tuomey Law Firm, we understand both special education law and criminal defense. This dual expertise allows us to protect children and families facing these difficult situations. Our role may include:
- Advocating for proper educational supports, ensuring the school follows IDEA and 504 requirements.
- Defending students in juvenile court, where we fight against criminal charges that should never have been filed.
- Protecting due process rights, making sure parents are involved at every stage of the disciplinary process.
- Building long-term solutions, so that students are supported instead of punished.
Protecting the Rights of Children and Families
Children with disabilities deserve compassion, support, and fair treatment—not a criminal record. If your child is facing school discipline that has spilled over into the criminal justice system, you do not have to face it alone.
At Tuomey Law Firm, we are committed to protecting your child’s future by standing at the intersection of education law and criminal defense.
Contact us today to discuss how we can help your family navigate these challenges and ensure your child gets the education and protection they deserve.