State v. T.O.

District Court of Appeal of Florida

State v. T.O.

720 So. 2d 295, 1998 Fla. App. LEXIS 14176, 1998 WL 777266

CourtDistrict Court of Appeal of Florida

DecidedNovember 10, 1998

DocketNo. 98-91

StatusPublished

Cited by1 cases

This text of 720 So. 2d 295 (State v. T.O.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. T.O., 720 So. 2d 295, 1998 Fla. App. LEXIS 14176, 1998 WL 777266 (Fla. Ct. App. 1998).

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Opinion

BARFIELD, Chief Judge.

The order dismissing the juvenile delinquency petition for battery upon a school board employee is REVERSED. The procedural safeguards of rule 6A-6.0331 apply only to a school board’s internal disciplinary procedures. We agree with the Wisconsin appellate court in In the Interest of Trent N., 212 Wis.2d 728, 569 N.W.2d 719, 725 (Wisc.Ct.App.1997), that the Individuals with Disabilities in Education Act, 20 U.S.C. § 1400 et seq., which the Florida rule implements, “is targeted at school action, not the statutory authority of the State to file a delinquency petition, nor the jurisdiction of the juvenile court.”

WOLF and DAVIS, JJ., concur.

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BARFIELD, Chief Judge.

The order dismissing the juvenile delinquency petition for battery upon a school board employee is REVERSED. The procedural safeguards of rule 6A-6.0331 apply only to a school board’s internal disciplinary procedures. We agree with the Wisconsin appellate court in In the Interest of Trent N., 212 Wis.2d 728, 569 N.W.2d 719, 725 (Wisc.Ct.App.1997), that the Individuals with Disabilities in Education Act, 20 U.S.C. § 1400 et seq., which the Florida rule implements, “is targeted at school action, not the statutory authority of the State to file a delinquency petition, nor the jurisdiction of the juvenile court.”

WOLF and DAVIS, JJ., concur.

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Bluebook (online)

720 So. 2d 295, 1998 Fla. App. LEXIS 14176, 1998 WL 777266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-to-fladistctapp-1998.

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