J.C. v. State, 6/27/19, COA (Crone) (published 7/26/19) – An IEP protocol is not a legal defense to criminal activity.
D was at school when his girlfriend apparently broke up with him. He became very aggressive, yelling obscenities in the hall during class. When school security officers accosted him, D pulled away, screaming and fighting, and injuring an officer. D had an IEP that included a Hot Pass that allowed him to leave where he was in order to see a teacher of record. Eventually, D invoked the Hot Pass, and the officers allowed him to see the teacher. However, he was charged with RLE and disorderly conduct. He was convicted, but the court imposed no sanction. D appealed, arguing the officers failed to follow the protocol in his IEP. The COA held that D had not invoked his IEP until after he had resisted and been belligerent; also, a school official’s failure to follow IEP protocol is not a legal excuse for criminal conduct. Affirmed – although the COA commended the court for not imposing a sanction.
- Posted by Mary Foley Panszi
- On August 6, 2019
- 0 Comments