HWC Blog

Handle With Care has been providing training for school staff on how to manage student populations from pre-k12 since 1985. There is generally a divide in schools between special education and general education with respect to behavior management and crisis intervention. The use of restraint in both general and special education are governed by 4 main bodies of law: Self Defense Laws: Federal, Constitutional and State laws protecting the right to defend self and others.  Ingram v. Wright (SCOTUS). The State does not have the right to limit a person’s right to defend themselves or another in any manner that is reasonable.  Bowers v. DeVit. The Supreme Court of the United States (SCOTUS) ruled that the right to self-defense does not terminate when a teacher or student enters the schoolhouse gates. See also, Tinker v. Des Moines Ind. Community School Dist., 393 U.S. 503, 506 (1969) Tort/Common Law: Courts have held that schools act in the place of parents (in loco parentis).  As such, schools have a duty to maintain a safe environment conducive to education.  Along with this doctrine comes a duty to train staff to handle foreseeable circumstances. It is foreseeable that children will lose their tempers and may engage in inappropriate behavior like fighting and throwing objects.  There is a duty to train staff how to manage these foreseeable situations in a way that maintains a safe environment conducive to education. Treatment and Behavioral Plans (IEPs/BPs).  This is the duty to provide professional judgment in developing educational and treatment plans.  The Supreme Court has held that the professional duty rests exclusively with the professionals working directly with the [students]. Youngberg v. Romeo. 457 U.S. 307 (1982). In addition to the above, special education students have the additional Federal laws that must be complied with: Americans with Disability Act (ADA), Individuals with Disabilities Education Act (IDEA), and the Rehabilitation Act Section 504 (504). The laws specific to special needs students protect their right not to be discriminated against because of their disability, and the right to a free and appropriate public education (FAPE) which includes IEPs.

Thousands of teachers in the UK fear chaos in the classroom if the Government goes ahead with plans to give them powers to restrain and search unruly pupils without proper training. Four out of five teachers surveyed by the Teacher Support Network warn that extra training is essential if they are to get a grip on misbehaviour during lessons and avoid injury and false accusations of abuse when breaking up fights. Teaching leaders claim that unless the issue is tackled in schools, the problems will continue into adult life. Problems range from name-calling and minor scuffles to homophobic and racist abuse, cyber-bullying and teachers being seriously assaulted. A survey of about 1,000 members of the Association of Teachers and Lecturers (ATL) found that more than half had been confronted with aggression in the classroom in the past year. Almost 60 per cent agreed that behaviour had got worse in the past five years. The key issue is that teachers are particularly vulnerable to false allegations by pupils," said a spokesperson from the NASUWT teachers' union. "This can have a devastating effect on their professional reputation, as well as their personal well-being. "Teachers have a duty of care to pupils which may at times cause them to intervene to protect pupils from harming themselves or other pupils," the NUT warned. "Many are currently not confident that if they take such action they will be supported by senior leadership teams, parents or the local authority." Full Story

The Omaha Public School district is recommending that McMillan Magnet Center teacher Patrick Kocsis be terminated. Kocsis faces misdemeanor child neglect charges. He is accused of letting two boys "slap it out" to resolve their differences. The 39-year-old teacher has been removed from the school pending an investigation into the case. If the school board approves the administration's recommendation, Kocsis could lose his job when the board meets on Sept. 7. Police said the incident was caught on school surveillance. Both the students were also punished. Read More