Monday, September 8, 2014

What to do if your child has been restrained at school?

Restraints are methods that restrict a person’s ability to move freely or use one’s body. Restraints are:
  • mechanical (for example, straps)
  • physical (for example, being held by others), 
  • chemical (for example, medications that are used to sedate an individual). 
Restraints (as well as seclusion) have been used by schools to stop behavior.  Restraints, if used at all, must only be used by trained personnel and then only to prevent a student from harming himself//herself or harming others. Unfortunately, schools improperly use restraints (and also seclusion) excessively as a management intervention and by untrained staff, and when behavior is not dangerous.

Arizona has no statute or rules regarding the use of restraints in schools.  However, restraining a child - and secluding a child - may lead to psychological trauma, physical injury, or even death.  Do not let that happen to your child.  If you believe your child is being restrained, notify the Principal of the school and the Superintendent, at least.  (If a charter school, notify the headmaster / head of school.)  If you communicate via phone or in person, follow-up with an email.  Make sure that you have a record of your notifications, complaints and concerns, and email helps you make that record.  Request a meeting.  If you child has a 504, request a meeting immediately with the 504 coordinator, and the school Principal, and anyone else you deem necessary.  If your child has an IEP, request an emergency IEP meeting to discuss.  It may be a denial of FAPE if your child has been restrained on several occasions; at the very least, the school has a legal obligation to find out why your child is engaging in behaviors that are interfering with his or her education.  There are many steps the school should have taken before restraining your child, and the school has an obligation to find out why your child has behaviors that the school is restraining.  Know your rights, what you can do, what the school is legally obligated to do, and what can be done. 

Kirsch-Goodwin & Kirsch, PLLC
www.azspecialeducationlawyers.com


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