Improper Use of Force in Ohio Schools
Enforcing the legal protection of students against corporal punishment
Physical abuse in schools is unacceptable, and the family of any child who suffers such abuse is entitled to legal redress against the school and district involved. Even in cases of physical restraint in schools, which is sometimes necessary in extreme situations, schools must follow established guidelines and can be held accountable if they do not.
For more than 15 years, Dan Margolis has stood up for the rights of parents and students throughout Ohio. For help and guidance when a school uses improper force, contact Margolis & Atzberger, LLC today.
Corporal punishment in Ohio schools
In 2009, Ohio became the 30th state to ban all corporal punishment in public schools. In legal terms, corporal punishment includes:
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The ban does not extend to private schools.
Child restraint in school
If your child suffers corporal punishment while under the supervision of an Ohio public school, it is in your best interests to speak to an experienced lawyer as soon as possible. While corporal punishment is illegal, in some cases, restraining a student is not.
Physically restraining an unruly student is not legally considered corporal punishment. In addition, seclusion rooms are also often used to separate misbehaving students from the rest of the class. Sadly, it is sometimes necessary and proper to physically restrain a student who poses a threat to others. Even at such times, though, schools must follow specific guidelines to ensure they do not misuse child restraints or seclusion rooms.
Improperly restraining special needs children can be an issue in public schools. Schools must be careful not to discriminate against children with special needs in any regard, or they may be guilty of violating the Individuals with Disabilities Education Act (IDEA).
Retain legal help to address matters of physical abuse in schools
Every parent wants the absolute best for his or her child. Dan Margolis understands how to leverage education laws in Ohio to help achieve that goal. His office is located just a few blocks from the Cuyahoga County Justice Center in Cleveland. Contact Margolis & Atzberger, LLC online or at 216-348-1000 today. Initial consultations are free.