January/February, 2008 FORUM Article

 Highlighted Resources:
• NASDSE Report on Assistive Technology in Education

Parents File Suit Against Abusive Teacher

In Pennsylvania, parents of a child with autism filed suit against the support teacher, the school district where she was employed, and other administrative staff, alleging the teacher used aversive techniques to redirect their son's behavior. Specifically, the Plaintiffs claim that the teacher struck and squeezed the child's arms and legs, screamed in the child's face, stomped on the child's insteps, and unlawfully restrained the child in a device called a Rifton Chair. Plaintiffs' 14-count complaint alleged violations of the U.S. Constitution, IDEA, and Pennsylvania Tort law.

A Pennsylvania federal district court granted the Defendants' motions to dismiss the Plaintiffs' claim for negligence, as insufficient. Furthermore, the school district was not liable for punitive damages, nor vicariously liable for the teacher's actions because such abuse is outside the scope of her employment. The court did not dismiss the Plaintiffs' claims for assault, battery, and intentional infliction of emotional distress. The Plaintiffs' failure to exhaust administrative remedies, as ordinarily required by the IDEA, did not bar the lawsuit.

Full Court Opinion: Vicky M. v. Northwestern Educational Intermediate Unit 19, 486 F.Supp.2d 437 (M.D. Pa. 2007).