Abstract
This Note addresses a novel statutory solution to part of the problem by asking whether existing procedural protections in the Americans with Disabilities Act (ADA) can be applied to restrict the diversion of disabled students from schools in suspensions and expulsions. The ADA claim will be analyzed under a theory that certain students with disabilities require accommodations in disciplinary proceedings to participate meaningfully in those hearings. The answer to this question depends both on the likelihood that courts and administrators will recognize a role for ADA protections in evaluating the appropriateness of diversionary school discipline for disabled youth and on the risk of overly judicializing schools in service of an only partial remedy that leaves nondisabled juveniles behind.
Published Version
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