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The Intersection of IEPs and Delinquency Proceedings
When a child with an Individualized Education Program (IEP) is pulled into the juvenile justice system, their education plan becomes more than a school document—it becomes part of their legal defense. About 30-60% youth in delinquency proceedings have disabilities like ADHD, autism, or learning disorders. Yet, too often, their needs are either ignored or punished. Schools may suspend or expel rather than offer support, pushing these children further toward the justice system.
This pattern, commonly known as the school-to-prison pipeline can have serious consequences. However, an IEP can be used to explain a child’s behavior, highlight failures in school support, and influence how the courts handle the case. If your child has been accused of a crime and has an IEP, a juvenile defense attorney, Katie Walsh, can use that information to advocate for fair treatment and better outcomes. Reach out to The Law Office of Katie Walsh today.
What Happens When a Child With an IEP Is Charged?
When a child with an IEP is facing a delinquency petition, the legal process should account for their disability. But that doesn’t always happen unless someone is there to push for it.
One of the most important tools here is the Manifestation Determination Review. This is a meeting where school officials decide if the behavior that led to disciplinary action was a direct result of the child’s disability or a failure to implement the IEP.
If the answer is yes, that can impact both the school’s response and the court’s. It might mean your child shouldn’t have been suspended, expelled, or referred to law enforcement at all. And in court, that connection can influence whether the case proceeds or what consequences are imposed.
What About While a Child Is in Detention?
If a child is detained pre-trial or serving a sentence, their educational rights don’t disappear. They still have a right to receive services outlined in their IEP – even behind bars. But many facilities don’t automatically provide those services. That’s where legal advocacy matters.
Incarcerated youth with disabilities are often placed in environments that are not equipped to handle their needs. Missed therapy sessions, lack of access to special instruction, and absence of structure can cause further harm, sometimes leading to more behavioral incidents inside the facility.
Your child’s attorney can press the court, detention staff, and school districts to continue the IEP and make sure your child isn’t forgotten during this time.
Barriers to Getting Help
Unfortunately, many parents don’t even know their child has a right to these protections. Others are overwhelmed trying to navigate both the education and legal systems at the same time.
Parental involvement is essential in IEP planning, but it becomes harder when court hearings, probation requirements, and school meetings are all happening at once. It’s easy for things to fall through the cracks, especially when your child is detained and communication is limited.
Schedule a Free Call with an Orange County Juvenile Defense Attorney
As a former prosecutor turned juvenile defense attorney, Katie has seen what happens when schools and courts don’t talk and how it impacts kids who already need more support. She works directly with families, schools, and the juvenile court system to make sure a child’s learning needs don’t get lost in legal red tape. Whether it’s reviewing IEP records, attending school meetings, or challenging inappropriate charges, Katie is known for being involved in every step. The Law Office of Katie Walsh is just a phone call or message away. Contact us at (714) 351-0178 or drop your case details online.