Discussion in 'Special Ed 101' started by JJJ, Aug 14, 2009.
Can I forbid the school to restrain my child?
JJJ - YES, you CAN. Do it in writing though.
Also, you may want to think about why the school may restrain your child - what would be the criteria they would use to justify it? What kind of restraint are we talking about? Would failure to restrain your child cause harm to themselves or another child?
If we're talking rope, duct tape, handcuffs - that is abuse. If we're talking a big, firm but gentle hug to help them calm down, that may not really be an issue. I think I'm a little confused on what you really mean???
It is a physical restraint ( I think mechanical restraints are illegal in our state except in hospitals).
My concern is that last year staff used restraint because they couldn't manage him. I'm hoping that this year's staff is better at not triggering him and verbally calming him down. But, as I repeatedly tell the school, once they restrain him, he will make them pay for touching him -- for the rest of the year.
I'm going to give them a letter denying them the right to restrain unless
(1) there is an immediate risk of harm to others
(2) there is an immediate risk of serious harm to self (they are not to restrain for risk of minor injury)
My big concern is I am tired of the school over-reacting to him and making the situation far worse than it was.
Those should be the only reasons, with or without, parental permission, unless it is written into BIP as a theuraputic method of de-escalation. For some kids, the hold is very useful in grounding them and calming them. For other kids, once you go hands on, the fight/flight response kicks in and it escalates them beyond calming. Anyone who has worked with the child should know which catagory he falls into. Of course, if he puts himself or other students in harms way then any child (SPED or not) can be restrained.
After our district wrote wee difficult child's sad BIP, that includes physical restraint as one of their "plans", they learned that it is not legal to physically restrain him for any reason.
I don't think it can be forbidden. Staff must be able to manage students that are in a state where the student can hurt self or others.
You can, however, require that staff making the decision to restrain and/or are performing the restraining be appropriately trained. Certified mail, of course.
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