I heaved a sigh of relief when I read what the 5th Circuit said about the use of physical restraint and the intervention of law enforcement when dealing with students with disabilities. In the Toolbox Training that our firm provides, we address these issues specifically. A very recent 5th Circuit ruling is consistent with what we have been saying.
Let’s take up each issue.
Issue One: Does the IEP or BIP have to “authorize” the use of physical restraint? No. Key Quotes:
Unlike the use of time-outs, the law contains no provision requiring that the use of physical restraints be expressly authorized by a student’s IEP.
Therefore, so long as the School District’s use of physical restraints complied with state law, the use of restraints did not violate the IEP.
Issue Two: If the IEP/BIP calls for positive interventions, calm interactions and the avoidance of power struggles, is it a violation of the IEP when the school calls in the cops? The 5th Circuit said no. Key Quote:
These strategies are not necessarily violated by a mere request for police presence, particularly to deal with a violent and escalating situation such as a student repeatedly striking a teacher and charging at her, as was the case here.
That’s the ruling in Spring Branch ISD v. O.W., decided by the 5th Circuit on September 16, 2019. We found it at 2019 WL 4401142.
DAWG BONE: BUT REMEMBER: PHYSICAL RESTRAINT IS OK ONLY IN AN “EMERGENCY.”
Tomorrow: Did you notice that reference to “time out”? Tune in tomorrow.