On a January morning in 2025, a Florida student with a disability was arrested at school after an assembly got out of hand. Her parent said the district didn't follow her behavior plan. The school said they did.
What followed was a months-long legal fight that tested how far a school's responsibility goes when discipline and disability collide.
A dispute that began in the cafeteria
The student (whose details were redacted in the public record) was eligible for special education under Specific Learning Disability (SLD). She had a Positive Behavior Intervention Plan (PBIP) in place, outlining strategies teachers should use to calm her when situations escalated.
During a grade-level assembly, staff said she was talking after being told to quiet down. When she refused to leave with the teacher, the staff member used a "Walk With Me" technique, a physical guidance move approved by the district's crisis management program.
According to the report, the student screamed, turned, and pushed the staff member in the chest. Police were called. She was arrested.
The district didn't recommend expulsion or move her to another school. Instead, she received a five-day suspension and later returned to class.
The parent's complaint: "They didn't follow the plan"
The student's parent filed a due process complaint that summer, representing themselves. They alleged that:
- Staff failed to follow the behavior plan (PBIP)
- The school should have held a manifestation determination sooner
- The district blocked access to records like the surveillance video
- Trespass orders under the district's "Civility Policy" kept them from meaningfully participating in their child's education
- And that these actions amounted to retaliation under Section 504 of the Rehabilitation Act
It's a familiar list for anyone who's been through a special education dispute: a mix of procedural and substantive claims about whether the school followed the law, and whether the parent had a fair voice in the process.
What the judge actually found
After a virtual hearing in September 2025, Administrative Law Judge Nicole D. Saunders ruled against the parent on all counts.
Her order laid out a few key points:
A manifestation review already happened.
The IEP team met on January 15 (five days after the incident) and decided the behavior was related to the student's disability. Because the suspension was fewer than ten days, no earlier review was required.
The staff followed the plan.
Video footage showed the teacher used several techniques listed in the PBIP, including proximity control and relationship-building. The "Walk With Me" method wasn't in the plan, but it was a district-approved safety move. That didn't make it a violation.
The parent got access to the video.
They viewed it twice and their child's public defender had copies.
The trespass orders didn't block participation.
The parent was barred from the district office, not the school, and still joined IEP meetings virtually (where they even agreed with the school's data collection methods).
No retaliation or missed notices.
The judge found no evidence of discrimination or procedural violations serious enough to count as denial of a Free Appropriate Public Education (FAPE).
In short: the parent didn't meet the burden of proof.
The bigger picture
This case captures a tension that plays out in schools across the country: what happens when disability, behavior, and discipline overlap.
For families, it's a reminder that not every suspension or police incident automatically triggers a manifestation review. That safeguard only applies when a student is removed for more than ten days or shows a pattern of removals.
It also shows how important documentation is. Courts and hearing officers tend to defer to schools when records show a plan was followed (even partially) unless there's clear proof of harm or denial of services.
Why this matters for parents
If your child has a behavior plan, you have the right to expect it's followed, but also to know exactly what's in it. Ask your team what techniques are approved and how incidents are documented.
And if a school calls the police or suspends your child, you can request a manifestation determination review to examine whether that behavior was linked to their disability.
Learn what your options are
If something similar happened to your child (a suspension, restraint, or school-based arrest) you don't have to navigate it alone.
Sign up for a free consultation to learn what your rights are and what steps you can take next.