Reporting Crimes

Discipline of Students in Special Education Series

Part 8 of 9

Reporting Crimes

Introduction

Do IDEA's discipline procedures allow school systems to report crimes that are committed by children with disabilities? IDEA makes clear that schools are not prohibited from reporting a crime committed by a child with a disability to appropriate authorities. Similarly, the law does not prevent State law enforcement and judicial authorities from exercising their responsibilities. The agency reporting the crime must ensure that copies of the special education and disciplinary records are transmitted for consideration by the appropriate authorities—however, only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act (FERPA), a Federal law that protects the privacy of children's education records. The focus of this issue of NASET's Discipline of Students in Special Education series, takes a brief look at the section of IDEA's disciplinary procedures called "referral to and action by law enforcement and judicial authorities.

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