failure to protect

Virginia. Schools drafting their own restraint policy and totally disregarding the inane law their legislators passed in March

In March 2015 the Virginia State Legislature passed a bill stating that schools could not physically intervene unless a student was in danger of serious bodily harm.  “Serious Bodily Harm” has a widely understood legal definition that includes the amputation of limbs, the loss of an eye or permanent disfigurement.

At the time this bill was being passed, we sent out correspondence and comments informing the legislature and schools that the bill was illegal as it violated a person’s inherent and unwaivable right to defend self and others by all reasonable means.

According to this article, schools are drafting policy in accordance with actual law and disregarding the bills the Virginia legislature just passed.


For instance, Williamsburg-James City County schools are considering a policy outlining how and when trained teachers, faculty and staff can restrain or separate a child to keep the student from hurting themselves or others.  An intervention threshold much lower than the one mandated by their legislature.


Instead of following the new restraint bill the legislature passed, schools are instead relying on Virginia Statute 22.1-279.1 that allows the use of physical intervention to maintain a safe educational environment.

Schools and educators should not have to wait until a student risks “physical injury that creates a substantial risk of death; extreme physical pain; or that causes protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, mental faculty or organ” before intervening.

HWC fully supports theses schools.  We commend them for having the sense and fortitude to stand up and do what is morally and legally right.

Full Story at:

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SC. Officer throws student in South Carolina classroom arrest

Sadly, this video demonstrates what happens when teachers and school administrators become so disempowered that they feel it necessary to call the police to manage a fairly simple act of defiance to a legitimate request.  Two well-trained teachers could have managed this student’s behavior with far less force than the Deputy Sheriff.


She was acting as a passive resister and was clearly playing to her peers. Rather than fighting to remove this student from her seat, HWC would have advised the school to consider two other options: 1) slowly (and without anger) slide the student and her desk into the hall; closing and locking the door behind her or 2) leave her in her seat and move the rest of the class to another room.


In both cases, she would have been left with adult supervision (but without her peer audience) to answer to whatever thoughtful and appropriate behavioral consequences had been prescribed in her IEP/IBP for defiant behavior.

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The compliments keep coming. See below for Kyle’s response.

HWC and the PRT is the best thing invented since sliced bread, canned beer, and those very lightweight door stops. 😀 Emails like the one above are my true compensation, and I feel so very fortunate and honored to still be allowed to spread such a valuable philosophy and be a part of something so magical.

Kyle, HWC Trainer


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Great Compliment to HWC and Trainer Kirby Jones


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Great Compliment to HWC and Trainer Kirby Jones

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"I want to give a huge thanks to Kirby Jones who trained me on how to effectively train staff in my division. I can't say enough how passionate and thorough he is with training. I felt comfortable giving my first training and knew that ..."
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