Protect children as well as teachers

May 16, 2008 09:24 pm

— Sometimes well-intentioned legislation can have unintended consequences.
That could very well be the case with the School Protection Act, Senate Bill 1024, which has been sent to Gov. Brad Henry for approval.
The bill would provide teachers and school administrators immunity from lawsuits when they use reasonable force to restrain or discipline students.
Teachers should not be liable after dealing with students who willfully refuse to cooperate in class and respect other students and teachers and who place other teachers and students in danger.
However, laws can often do more than their authors intended.
Some parents and advocates of special education students have expressed concerns that SB1024 will encourage schools to continue restraining and practicing aversive intervention on those students.
The advocates cite examples that restraint can be physically and mentally detrimental to students.
The office of state Sen. Owen Laughlin said SB 1024 was not written to validate or excuse restraint for special ed students.
The House and Senate, which have approved the bill, however, should reconsider the bill, and make sure that this issue is addressed.
The bill allows claimants to file lawsuits if they believe a teacher or administrator has consciously or flagrantly violated the “rights or safety of the individual harmed.”
But the law should contain clear language addressing restraints since restraints are used on special education students, and parents and advocates of special education students are concerned that these students are being hurt in the name of treatment.
Their issue is valid. The Legislature set out to protect teachers, but special ed students unintentionally may be affected.