School should be a place of learning and safety—not handcuffs and courtrooms. But for too many families, that line is crossed far too quickly. School-based arrests are on the rise in Georgia, and they disproportionately affect students of color, students with disabilities, and students struggling with mental health challenges.
As a student rights attorney, I have seen firsthand how quickly a school incident turns into a police matter. Families often do not realize that a call to the School Resource Officer (SRO) can lead to criminal charges, probation, or even detention—sometimes for behavior that should have been handled by a teacher or counselor.
This post explains the hidden harm of school-based arrests and how to protect your child before, during, and after such an event.
What Is a School-Based Arrest?
A school-based arrest happens when a student is taken into custody by law enforcement for conduct that occurs on school grounds or at a school event. In many cases, the arrest is made by the School Resource Officer, a police officer assigned to the school.
Common reasons for arrest include:
- Disorderly conduct
- Disrupting the school environment
- Fighting or physical altercations
- Vandalism or property damage
- Alleged threats or “terroristic threats” (often based on language or social media)
What many parents do not realize is that school officials often initiate these arrests for behavior that could—and should—be managed through behavioral supports or school discipline.
Why Are School-Based Arrests Harmful?
A school-based arrest can have devastating and long-term consequences for a child, including:
- Entry into the juvenile justice system
- Suspension or expulsion from school
- Placement in alternative schools
- Loss of access to special education services
- Emotional trauma, anxiety, and withdrawal
- A permanent criminal record in some cases
These outcomes are especially unjust when the behavior was related to a disability, an unmet mental health need, or a misunderstanding that escalated too quickly.
Who Is Affected Most?
Students with disabilities and students of color are far more likely to be arrested at school than their peers. According to national data:
- Students with disabilities are nearly three times more likely to be referred to law enforcement
- Black students are significantly overrepresented in school arrests and disciplinary actions
- Many arrests involve students with IEPs or 504 Plans whose needs are not being met
This is one way the school-to-prison pipeline plays out—starting with harsh discipline and ending in the justice system.
Can Schools Call the Police Without Notifying Parents?
Yes—and this is one of the most alarming realities of school-based arrests. In Georgia, schools are not legally required to notify parents before questioning a student or involving law enforcement, unless the student is taken into custody. Even then, notification may come after the child has been transported or questioned.
That is why I advise all parents to teach their children to:
- Request a parent or attorney before answering questions from police
- Remain silent if unsure about the situation
- Politely state: “I want my parent here before I speak.”
If your child has a disability, the school also has a legal obligation to ensure appropriate supports are in place—especially during discipline or investigation.
How to Protect Your Child From School-Based Arrests
- Know Your Rights
- Request a copy of your district’s discipline and arrest policies.
- Review your child’s IEP or 504 Plan to ensure it addresses behavioral needs.
- Request a Behavior Intervention Plan (BIP) if your child has repeated behavior issues.
- Keep a Paper Trail
- Document any behavioral incidents and your communication with school staff.
- If you feel your child is being targeted or unfairly disciplined, raise concerns in writing.
- Be Present and Involved
- Attend all discipline meetings.
- Request prior notice before any law enforcement involvement (even if not required).
- Ask to be notified immediately if your child is removed from class or questioned.
- Call an Attorney Immediately
- If your child has been arrested or referred to juvenile court, contact a student discipline attorney or education attorney right away.
- If the behavior was related to a disability, request a Manifestation Determination Review (MDR) to prevent further removal or punishment.
How The Hull Firm Can Help
At The Hull Firm, we defend students who have been:
- Arrested on school grounds
- Suspended or expelled after police involvement
- Denied services following behavioral incidents
- Targeted due to disability, trauma, or racial bias
We work with families to navigate:
- Juvenile defense strategy in collaboration with your juvenile delinquency defense attorney
- MDRs and IEP team meetings
- Due process hearings
- Discipline appeals
- Education reintegration and placement support
We represent students in Atlanta, Athens, Macon, Augusta, Columbus, Savannah, and across Georgia through virtual legal services.
I am Nicole Hull, the Cool Kids Advocate, and I am committed to disrupting the school-to-prison pipeline—one student at a time.
Do Not Wait. Take Action.
If you are concerned about school-based arrests and how to protect your child, the time to act is now. Whether the arrest has already happened or you see warning signs, let’s make a plan to protect your child’s education, rights, and future.
Schedule a free discovery call with our team at www.thehullfirmllc.com or call (706) 388-5330.
