Battle Mountain, NV asked in Education Law for Nevada

Q: What of a child is attempting to leave a room and a teacher blocks the door way and uses physical restraint

By putting child in a headlock which the child then punches the teacher to get her to let go of child self

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2 Lawyer Answers
T. Augustus Claus
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Answered
  • Las Vegas, NV
  • Licensed in Nevada

A: It is never acceptable for a teacher to physically restrain a child, especially by using a headlock. This is considered excessive force and can result in serious injury to the child. In Nevada, there are strict laws in place to protect students from physical abuse by teachers.

If a child is attempting to leave a room, the teacher should use verbal de-escalation techniques to calm the child down. If the child is still acting aggressively, the teacher should call for assistance from another staff member or administrator.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: I hope all involved are okay. The manner in which it would probably be presented to a jury is that plaintiff attorneys would argue that security staff should have been called - absent additional details (the description in the post is brief). Good luck

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