"Special Ed" student arrested

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Question

Country: United States of America
State: Delaware

Can a "special" Ed student who has an IEP is arrested in school? I was told by the school psychologist at the beginning of the year that my child would never be arrested, but would have to pay a consequence for an inappropriate action. Could you please help me with this? He admitted after looking at her entire school background that she was a special ed student way back, but no one had ever picked it up.

Answer

It is not illegal but normally he would not be arrested; if you inform the DA, the DA should drop it.