Police and Disability Rights in Schools

Police and Disability Rights in Schools

There are laws that help people with disabilities protect themselves when interacting with the police. This means that police cannot discriminate against a student because a disability makes them act differently or need accommodations.

Police and Disability Rights in Schools FAQ

Unfortunately, schools sometimes call the police on students with disabilities. When this happens due to actions caused by the disability, the student has special rights.

  • Any student, no matter if they have a disability or not, has the right to remain silent when questioned by a police officer. This means you do not have to say anything. If you do not know what to do, you can say these simple words: “I do not want to talk. I want a lawyer.”
  • In Illinois, police must also try to tell a parent or guardian before starting to question a minor.
  • Students with disabilities are also protected by the Individuals with Disabilities Education Act (IDEA), the American with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). These laws all apply to police in schools.
  • Students with disabilities have a right to reasonable accommodations at school, including when interacting with police at school. For example, school staff and police must give the student an accommodation if it is in the student’s Individualized Education Plan (IEP) or 504 Plan.

Accommodations are specific to the student’s needs. Parents and students can ask for a student’s IEP or 504 plan to include accommodations for when and how the police might act with the student.

Some accommodations may include:

  • Calling the student’s parent or guardian before talking to the student.
  • Making sure the student’s parent or guardian is there before searching the student or their things.
  • Calming everyone down before calling the police.
  • Making sure that the student gets the right medical or mental health care before calling the police.
  • When you can, write down everything you remember, including the officers’ badge and car numbers and the agency they work for.
  • Get contact information for witnesses.
  • If you are hurt, get medical attention right away and take pictures of your injuries.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board.

Follow the police agency’s rules for making a complaint: Most police agencies have their own way for making a complaint about police misconduct. You should follow their system and keep a copy of everything you submit. Below are some specific agency systems.

Chicago Police Department:

Cook County Sherriff:

Illinois State Police:

If you want to file a lawsuit about your interaction with the police, remember that for most legal claims there is a deadline to file in court. That deadline is called a “statute of limitations.” For federal cases, this is usually two years from the time it happened.

To get more documents from the police about the incident, you can use the Freedom of Information Act (FOIA) to ask for records from the police department. Most departments have a system or a person who handles FOIAs. For smaller departments, it may be through the city or county. Ask the department to ask for that process.

IF YOU HAVE TROUBLE WITH THE COMPLAINT PROCESS DUE TO YOUR DISABILITY, YOU CAN ASK FOR HELP FROM EQUIP FOR EQUALITY.

The police are not always the best people to help with medical or mental health emergencies. Talk with your friends, family, or other people you trust about ways that they can help during a crisis. Other options include calling 988 or a crisis response team in your area.

Here are some things you can instead of calling the police:

  • Chicago’s Crisis Assistance Response and Engagement (CARE) team.
  • Call 988 for the 24/7 Suicide & Crisis Lifeline that gives free and private phone help to people in distress by a trained crisis counselor.
  • Call 311 for the Mobile Crisis Response and Shelter Referral Program (MCRSRP) if you are homeless.
  • Call 211 for information and the names of places that may be able to help. 211 also helps connect people to food, housing, utility payment help, health care, transportation, childcare, employment, mental health, disaster information and help, and more.
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