Category Archives: Dawg Bones

Dawg Bones

PHYSICAL RESTRAINT

Dear Dawg: We’ve got some folks asking us to promise that we will never use physical restraint on certain kids.  What should we say?

We think you should politely but firmly refuse to promise that physical restraint will never be used with a student.  Oftentimes a request like that comes from caretakers and foster parents of kids in foster care.  It makes sense that caretakers for those kids would ask for this.  Many of those kids have endured horrific abuse from authority figures in the past. It makes sense that their caretakers would try to protect them from any use of physical force from teachers or administrators.

But it is dangerous to promise that physical restraint will never be used on a particular child.  It may be a commitment that you cannot keep.

Keep in mind that physical restraint can be imposed on a student in a Texas public school ONLY in a genuine emergency.  Can you tell me exactly when your next emergency is going to occur?  No?  I didn’t think so.  Emergencies are unpredictable.  You never know when restraint might be needed, and you cannot predict with accuracy the students who may create an emergency.

Our regulations define “emergency” as “a situation in which a student’s behavior poses a threat of (A) imminent, serious physical harm to the student or others; or (B) imminent serious property destruction.”  19 T.A.C. 89.1053(b)(1).

In a nutshell, physical restraint is a tool designed to prevent greater harm. We think it would be foolish to promise that you would never use it.  But do be sure that parents are aware that this is something that 1) is done only in an emergency; 2) that they will be notified of it promptly, and in writing; and 3) each incident of physical restraint will be documented in the child’s folder and available for review at the annual ARD meeting.

DAWG BONE: PHYSICAL RESTRAINT IS A TOOL DESIGNED TO PREVENT GREATER HARM.

Dawg Bones

WHO IS AN “APPROPRIATE” PERSON IN THE SCHOOL SETTING?

Like many terms used in the law, “an appropriate person” has a special meaning, and it has nothing to do with your table manners.  The term comes from a Texas case that made its way all the way to the U.S. Supreme Court—Gebser v. Lago Vista ISD.  In that case, the Court outlined the circumstances that would make a school district liable for something that one of its employees, or students did.  Gebser involved teacher-to-student harassment.  The issue was: should Lago Vista ISD be held responsible?  Under what circumstances?

The Court held that LVISD would not be liable unless “an appropriate person” had actual knowledge of what was going on, and responded with “deliberate indifference.” What makes a person an “appropriate person”? Generally, it means that you are vested with the authority to take corrective action.

So if the harassment is being done by a teacher, the principal would probably qualify as an “appropriate person.”  As the teacher’s boss, the principal has the power to take corrective action.   If the harassment is done by the principal, the superintendent would be viewed as “an appropriate person.”

The Office for Civil Rights has a very expansive notion of who is “appropriate” although they use the word “responsible.”  The bottom line on this is that if someone employed by the school district has the power to take action to address sexual harassment that is going on in the school setting, that person is likely to be considered “appropriate.”  Make sure you are providing training for everyone about these responsibilities.

Here’s your Dawg Bone for the day:

DAWG BONE: MAKE SURE THAT ALL OF THE “APPROPRIATE PERSONS” ARE DOING THE RIGHT THING.

Dawg Bones, Sample Dawg Bones

WHY READ THE LAW DAWG?

Subscribing to and reading the Law Dawg is one of the most mature things an educational professional can do.  It falls into the category of IMPORTANT but not URGENT.  It’s a mark of maturity when you regularly take care of things that are IMPORTANT but not URGENT.

The most mature thing I do is to go to the dentist.  I can still remember sitting in the dentist’s chair as a child, surrounded by large people, instruments of torture and whirring sounds.  I was terrified.   I vowed then: “When I grow up, I am NEVER going to do this!”

But now I do, even when I am not weeping and suffering with a toothache. I think this proves that I must be a grown up. After all, there are four unpleasant realities about going to the dentist.  First, it takes time that could be spent in a more enjoyable way. And almost anything is more enjoyable.  Second, it costs money.    Third, it sometimes hurts.  Fourth, even when it doesn’t hurt, I am afraid that it will hurt.

Despite all that, I go to the dentist regularly.  Upon returning from one of these visits, I typically spend the rest of the day patting myself on the back for my maturity.  What a Big Boy I am!!  After all, one feature of maturity is the ability to deal with what is important, but not urgent.  Preventive dental care is important, but not urgent.  We go to the dentist regularly so that it never becomes urgent. A throbbing toothache creates urgency, but no one wants that.

Educators are in the maturity development business. The goal is to help students understand what maturity means, and to develop those habits that cultivate maturity.  Balancing the checkbook.  Rotating the tires.  Changing the air conditioner filters.  Going to the dentist.  All of those “maintenance” tasks are important, but rarely urgent.

Thus we launch this new enterprise as an adventure in maturity. We hope you will find the daily posts helpful, relevant, timely and occasionally entertaining.  Here’s your Dawg Bone for the day:

DAWG BONE:  READING THE LAW DAWG IS LIKE GOING TO THE DENTIST, ONLY WITHOUT THE LAUGHING GAS OR THE LECTURE ABOUT FLOSSING.

Dawg Bones

Law Dawg’s Ed Daily Starts in January

A new way to get your ed law news is coming in January of 2015.

You know Jim Walsh as an engaging, knowledgeable and, let’s face it, darn funny  speaker at education law conferences and workshops and from his “Law Dawg” column in the Texas School Administrators’ Legal Digest.  Now you can keep up-to-date on your legal development with this new digital subscription.   Check out some sample Dawg Bones to see what kind of content will be posted daily for subscribers.