Halle Hansen, a 21-year-old student with autism, was handcuffed and removed from American Senior High School in Hialeah after school staff accused her of striking a teacher during a dispute over her confiscated cell phone. Despite a psychological evaluation finding she cannot understand the case against her, Miami-Dade prosecutors are moving forward with a felony battery charge, leaving her family frustrated.
Cell Phone Dispute Led to Handcuffs, Prosecutors Say
According to WSVN 7News, prosecutors allege Hansen struck the teacher after staff took away her phone. Because the alleged victim is a school employee, the case is charged as a third-degree felony rather than simple battery — under Florida Statute § 784.081, battery against school district personnel carries up to five years in prison and a $5,000 fine.
Hansen was led out of the school in handcuffs, the outlet reported, a moment her mother, Esther King, says has stayed with her. King said her daughter is afraid of police officers, and that the arrest has only deepened that fear.
Psychologists Say She Can’t Understand the Charge
Attorney Michael Pizzi, who represents Hansen and her family, said psychologists evaluated her and found she is not capable of understanding the proceedings against her and does not comprehend what is happening in her own case. He said the state attorney’s office should have dismissed the charges rather than filing them, arguing that the school, school police and prosecutors should have responded to Hansen with love, compassion and kindness rather than a felony filing. Under Florida Rule of Criminal Procedure 3.210 and Florida Statute § 916.303, a defendant found incompetent cannot be prosecuted while incompetent, and charges must be dismissed without prejudice if competency cannot be restored within a reasonable time.
Why a 21-Year-Old Was Still in High School
Hansen’s enrollment at American Senior High reflects a right built into federal and state education law. Under the Individuals with Disabilities Education Act and Florida Administrative Code Rule 6A-6.03028, public school districts must provide eligible special-education students a free appropriate public education through age 21, or until their 22nd birthday, unless they’ve earned a standard diploma.
American Senior High, established in 1976, runs self-contained Autism Spectrum Disorder classrooms and transition programs meant to teach occupational and life skills, according to background on the school. It sits inside Miami-Dade County Public Schools, the nation’s third-largest district, which serves more than 335,000 students across over 500 sites, per WLRN.
Prosecutors Have the Final Say, Not the Family
Even though Hansen’s family wants the charge dropped, that decision doesn’t rest with them or with school officials. Florida law gives state attorneys sole authority over filing and dismissal decisions, meaning a case can proceed even when alleged victims or school officials would rather see it dropped, according to Andre Rouviere Law…