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

Related Topics:
2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.