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

District Court of Appeal of Florida·Decided November 10, 1998·No. No. 98-91·Published·Cited by 1 cases

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.

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

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