ERIC Number: EJ778086
Record Type: Journal
Publication Date: 2006-Nov
Pages: 18
Abstractor: Author
ISBN: N/A
ISSN: ISSN-0748-8491
EISSN: N/A
Public Policy on Physical Restraint of Children with Disabilities in Public Schools
McAfee, James K.; Schwilk, Christopher; Mitruski, Megan
Education and Treatment of Children, v29 n4 p711-728 Nov 2006
The US Constitution, federal and state legislatures, courts, and regulations permit physical restraint for both therapeutic (i.e., behavior change) and risk prevention purposes. Although most venues limit restraint as punishment, no government entity prohibits use of physical restraint as a response to imminent danger. This paper provides a comprehensive view of public policy of the most common form of restraint- an educator using his or her body to limit movement of a student so as to reduce risk of harm during an episode of dangerous behavior. Such restraint has been upheld by courts and requires quick decisions following careful training of educators. The intent of this paper is to provide a policy framework within which public educators (administrators, teachers and others) may develop specific practices to protect themselves and others from injury and legal action. Discussion concludes with recommendations for policies and procedures. (Contains 2 tables.)
Descriptors: Public Policy, Behavior Modification, Disabilities, Discipline, Public Schools, Federal Legislation, State Legislation, Student Behavior, Behavior Disorders, High Risk Students, Teacher Role, Legal Responsibility, Injuries, Accident Prevention, Safety, Civil Rights, Court Litigation, State Regulation, Federal Regulation
West Virginia University Press. P.O. Box 6295, West Virginia University, Morgantown, WV 26506. Tel: 866-988-7737; Tel: 304-293-8400; Fax: 304-293-6585; Web site: http://www.wvupress.com/journals/details.php?id=7
Publication Type: Journal Articles; Reports - Descriptive
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act
Grant or Contract Numbers: N/A