The purpose of the statement of interest, which does not take a position on the merits of the case, is to provide the court with a framework to assess the plaintiffs’ claim. The department’s statement of interest explains the requirements to protect the rights of children, particularly children with disabilities, in their interactions with SROs. SROs can partner with schools to help maintain a safe and positive school environment—when their role is clearly defined and they are trained to perform it properly. However, if SROs do not observe appropriate limits on their role and responsibility, the Justice Department writes, they risk “criminaliz[ing] school-related misbehavior and risk lasting and severe consequences for children, particularly children with disabilities.”
In its statement of interest, the Justice Department emphasizes that school resource officers should not handle routine disciplinary incidents that school officials should properly address. The brief also describes the particularized facts and circumstances the court should consider in evaluating whether the SRO’s conduct in this case was objectively reasonable under the Fourth Amendment. Finally, the department confirms that the ADA applies to SROs’ interactions with children with disabilities and that this statute requires SROs to make reasonable modifications in their procedures when necessary, and requires law enforcement agencies to change policies that discriminate against children with disabilities.
S.R. and L.G. v. Kenton County, et al. was filed in August 2015. The Department of Justice filed its statement of interest under a federal law that gives the Attorney General the authority to attend to the interests of the United States in any case pending in a federal court.
2 comments:
Please - This should be brought to the attention of the family whose daughter was handcuffed at East Salisbury (if I remember correctly.) Although the risk of harm in this article relates particularly to children with disabilities, it acknowledges the consequences for all children. Secondly, should the local student have an IEP, the same concerns apply.
The schools are FULL of these little "you can't to anything to me, bitch!!" little academic wonders. They don't need a pill, a "disability" check or two "aides". They need an ace whipping.
Trust me, when these "I can't listen to directions or sit still for a minute" arrogant and uncontrollable kids join the military, when the DI says "Atten-hut!!", they stand at attention and don't say a WORD until told to... and screw that ADHD crap.
That tells you all you need to know about the "ADHD" industry (that's what is is.....) and all the other "diagnoses" used to excuse what USED to get you a whipping and later, a JOB, a car, a house and a family.
Aaaaahhhh, but why WORK for a check when your mom can guarantee you a check for life? Beat some little kids up, smack a teacher, hit a cop, throw pencils and voila! gettin' paid NOW!!
Our country now has more people labeled as "disabled" then the entire population of some COUNTRIES!
Which is and always will be, TOTAL BS.
Keep cheering.
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