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When Schools Call the Police on Young Children: Navigating Assault Claims and Transfer Revocations

It is a nightmare scenario: arriving at school to find a young child physically restrained by administrators, a classroom in chaos, and a principal threatening criminal charges for "assaulting" a teacher. When a child has recent diagnoses like Autism, ADHD, or Anxiety but does not yet have an IEP or 504 plan, parents often feel completely defenseless. Schools may use this vulnerability to revoke "in-district transfers" or threaten legal action to force the family out.

However, even without the finalized paperwork, federal law provides specific protections for students in this exact crisis.

1. The Threat of Charges: Can an 8-Year-Old Be Charged?

While laws vary by state, threatening to press charges against an elementary schooler is often an intimidation tactic.

  • Mens Rea (Criminal Intent): In many legal systems, children under a certain age (often 7-10) are presumed incapable of forming "criminal intent." A child in a meltdown is in a "fight or flight" survival state, not making a calculated decision to harm.

  • The Goal: The school often uses the threat of charges to scare parents into withdrawing the student voluntarily. Do not panic, and do not let them interrogate the child without you or legal counsel present.

2. The "Deemed to Know" Protection

The school might claim, "He doesn't have an IEP, so we treat this as regular conduct code violations." This is false.

  • The Law: Under IDEA, if a parent has expressed concern in writing or if the child is in the process of evaluation (as you mentioned waiting for a report), the school is "Deemed to Know" the child has a disability.

     

     

  • The Protection: This means the child is entitled to the same disciplinary protections as a student with an IEP. They cannot be expelled or have their placement changed (including revoking a transfer) without a Manifestation Determination Review (MDR). This meeting determines if the behavior was caused by the disability. If it was (e.g., a meltdown due to autism/anxiety), they generally cannot punish the child for it.

3. Fighting the Transfer Revocation

Schools often have "behavior clauses" in transfer agreements, but federal civil rights laws (Section 504 and the ADA) supersede school policy.

 

 

  • The Argument: Revoking a transfer because of behavior that is a symptom of a disability is discrimination. It is effectively "constructive expulsion."

  • Action: File a "Stay Put" request immediately. State that the revocation of the transfer constitutes a "Change of Placement" due to disability-related behavior, which requires an IEP team meeting, not a unilateral administrative decision.

4. Addressing the Restraint

  • Documentation: You witnessed staff holding the child. You must request the "Incident Report" and the "Restraint and Seclusion Log" immediately.

  • The Risk: Improper restraint can cause trauma and physical injury. If the child was destroying property but not an imminent danger to people at that exact moment, the restraint may have been illegal depending on state laws.

     

     

Summary of Immediate Steps:

  1. Email the Principal: "We are contesting the revocation of the transfer. Under IDEA's 'Deemed to Know' clause, [Child] is protected from change of placement for disability-related behaviors. We request an immediate Manifestation Determination Review."

  2. Contact a Lawyer: Because "assault" charges were threatened, consult a special education attorney or a juvenile defense attorney immediately.

  3. Do Not Withdraw: Do not sign any papers agreeing to remove the child. Let them force the issue so you have legal standing to fight it.