The Pennsylvania Superior Court reversed a young person’s probation revocation, finding that the state’s failure to provide defense counsel with notice and discovery violated the young person’s due process rights. The court stated in relevant part: We recognize that “[d]ue process is a flexible concept which ‘varies with the particular situation.’” Bundy v. Wetzel, 646 Pa.…
On February 23, 2026, the U.S. Department of Justice released its investigation findings of the Special School District of St. Louis County, highlighting that the District’s seclusion and restraint practices violate Title II of the Americans with Disabilities Act. From the investigation: “Missouri parents and guardians entrust their vulnerable children with disabilities to SSD on…
The Washington Appeals Division 2 reversed a conviction involving allegations of an 11-year-old child charged with attempted rape of a child, finding that the state failed to produce clear and convincing evidence that the child was capable of committing a criminal sexual act. The court stated in relevant part: “A child of at least 8…
The Alabama Criminal Appeals Court reversed an adjudication of making a terrorist threat in the second degree based on insufficient evidence. The court stated in relevant part: “The definition of “threaten” in § 13A-10-242(2) specifically refers to three people. Subsection a. refers to the person who “makes [the] statement.” Subsection b. refers to the person to…
The North Carolina Court of Appeals reversed an adjudication of disorderly conduct based on insufficient evidence. The court stated in relevant part: “Considering the evidence in the light most favorable to the State and giving the State the benefit of every reasonable inference, Rose, 339 N.C. at 192, 451 S.E.2d at 223 (citation omitted), the evidence is insufficient to…
An Arizona appellate court reversed a youth’s delinquency adjudication, finding that the youth’s statements that he “thinks” or “fantasizes” “about shooting up the school” did not constitute a true threat. The court stated in relevant part: “R.R. argues that his statement was not a true threat because he “specifically said that he would not do…
“Suspensions, expulsions, and school-based arrests: These exclusionary and overly punitive disciplinary responses disproportionately impact Black students and have become normalized throughout the nation. In reality, school pushout, or the disciplinary sanction of removing students from the classroom, contravenes the very purpose of public education to prepare children to engage as full citizens in our democratic…
“Half a century ago, Congress “revolutionized” the way children with disabilities are educated in this country. Under the Individuals with Disabilities Education Act (“IDEA”), every year the public schools must prepare a “written statement” describing where each such child stands educationally, what educational goals she will work toward, and the special education services she will…
This “Fast Facts” Publication from UCLA’s Center for the Developing Adolescent provides insight on how to support young people five years after the COVID-19 pandemic. From the publication: “In 2020, COVID disrupted nearly every aspect of education, work, and social connections. Students who were in the earliest years of their education when schools first closed…
The U.S. District Court for the District of New Jersey heard two Motions to Dismiss filed by the Plainfield Public School District, Board of Education, and others, stemming out of a lawsuit filed by fifteen-year-old I.A.’s parents after the detention, search, arrest and prosecution of I.A., by Plainfield school officials and Plainfield Police Officers. In…
The Colorado Supreme Court held that generative AI images using “deepfake technology” purportedly created by S.G.H., were not prohibited by the relevant statutory provisions in effect on the dates of the charged offenses, and therefore his case must be dismissed. The court ¶37 For three reasons, we infer from the statutory and legislative histories of…
The Center for Democracy & Technology released a report on the current status of AI use in schools and emerging risks. This report covers the interaction of AI with the classroom, students, IEPs, literacy, deepfakes, student activity monitoring, and student privacy. From the report: “Artificial intelligence (AI) has continued to alter the educational experiences of…
This school pushout assessment and campaign development guide is a companion tool to Dignity in Schools Campaign’s Model Code on Education and Dignity and Youth Participatory Action Research Project. This checklist tool provides a framework for individuals and groups working in schools to assess school policies and practices around discipline, safety, curriculum, logistics, staffing, and other processes to prevent young people from being pushed…
From the conclusion” “Conclusion There is no question that the statistical picture of special education is bleak. But after its meeting of stakeholders, interviews with experts, and review of the research, NCD believes that IDEA and other related disability laws, with improved enforcement, can and should benefit at-risk students who are properly referred and served.…
The Annie E. Casey Foundation released its annual Kids Count Data Book, which offers a national analysis on four indicators of child wellbeing: economic wellbeing, education, health, and family and community. This report is part of the Kids Count Data Center, which provides demographic and wellbeing data on children and families. This report includes data…
Professor Kris Henning and Rebba Omer authored a law review article on decriminalizing normal adolescent behaviors, race, and disabilities. This article maps a way forward for all system actors in the juvenile legal system to mitigate and buffer against the harms of juvenile legal system involvement for youth with disabilities. Specifically, this article outlines youth…
