I have a 12 year developmentally delayed son. His cognitive level is about 2 yrs. there are things an average 2 yr old can do that he has no shot of doing. Assessing a mental disability relative to cognition is a best guess at best. I've read 20+ books on the subject! found a diet to alleviate his epileptic presentations and consulted with some of the worlds best Pediatric Nuerologists... I can tell you without a shred of doubt that it is impossible to reach a conclusion outside of a reasonable doubt that this individual knew his actions were unacceptable much less illegal.

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Posted by CoachChappy

Member since May 2013

32627 posts

Posted on 8/26/15 at 8:39 pm to ccomeaux

If your son is 12 and cannot perform the functions of a 2 year old, and you have read 20+ books, then you already know that DD is not longer the proper or correct diagnosis or determination for your son. If your local school district is still telling you he is DD, you should push to get him reevaluated. More resources are available to him and you with a exceptionality other than DD.

Furthermore, there are several ways to determine wether this individual knew what he was doing and if it was illegal. The reasonable doubt part is why we have lawyers.

FTR I have a Master's of Ed. Specializing is SPED.

ETA: The fact that this may go to court or grand jury? (Not sure which OP was being considered for) tells me that the DA has already considered the person's disability, and determined that a crime has been committed. This wasn't a snap decision to attempt to prosecute considering that it could be career ending.

This post was edited on 8/26/15 at 8:49 pm

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