Restraining the Use of Restraints for Students with Disabilities: An Empirical Analysis of the Case Law

April 2012

About This Article

In recent years, reports of the use of restraints and seclusion with students with disabilities have garnered attention not only from educators and the general public but also from legislators and litigators.  This article briefly reviews recent federal efforts to minimize the use of restraints and seclusion to control student behavior, noting that prohibiting their use is currently a matter of state law.  The article then provides a systematic synthesis of the case law concerning parental challenges to the use of restraints on students with disabilities in pre-K-12 educational institutions.  The pertinent case law consists of published court decisions from January 1, 1980 until June 30, 2010.

Note: Case Law is a very dynamic field, and cases are routinely overturned or modified by subsequent decisions. Articles on this site should not be considered to represent the full breadth of the law or the most current information. For specific, current information, you should consult a legal professional.

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APA Citation:  Zirkel, P., & Lyons, C. (2011).  Restraining the use of restraints for students with disabilities: An empirical analysis of the case law.  Connecticut Public Interest Law Journal 10(2).

Authors:  Perry A. Zirkel and Caitlin A. Lyons

Title:    Restraining the Use of Restraints for Students with Disabilities: An Empirical Analysis of the Case Law

Year:   2011

Journal:  Connecticut Public Interest Law Journal

Publisher:  University of Connecticut

Volume:  10

Issue:   2

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