John Concannon, attorney for the IHEPO, talked to staff members on October 2nd about teacher liability and protection. Below are notes from his presentation:
-There are state regulations on restraint and seclusion that were put into effect in the 2013-14 school year. The regulations apply to all students, not just those with disabilities. School districts must have a written policy that is shared with parents annually.
-Restraint and seclusion may only be used when the student's behavior poses an immediate risk of physical harm to the student or others. Preschoolers may not be restrained.
- Staff members are not required by law to involve themselves in a situation that puts them at risk if their participation probably won't make a difference in the outcome.
-Students may never be placed in a prone position (face down). Corporal punishment is not allowed - this includes running laps, push-ups or similar activities as punishment.
-All incidents of restraint must be reported to the building administrator and the parents as soon as possible. Document the event in writing within 24 hours.
- If a staff member is injured in a behavioral incident, workman's comp will pay medical bills. Report all injuries as soon as possible to the administrator and building nurse.
-If parents pursue legal action because of an incident, the school district must defend the employee, even if deemed negligent because of poor judgement or making a mistake. The district does not have to defend an employee in a case of willful, reckless intentional acts.
-Mr. Concannon did suggest employees, especially those working with children who may be restrained, to look into a liability policy from their home insurance provider. This is often called an umbrella policy or a teacher rider and is usually less than $50 a year.
-Mr. Concannon said he would available to answer other questions on this topic.
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