Is my son’s kindergarten PE teacher allowed to forcibly stop him from running?

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Is my son’s kindergarten PE teacher allowed to forcibly stop him from running?

The school says so. CPS didn’t say anything to the contrary. But my 6 year old has suffered mentally, to the point where he initially assumed the teacher had tried to strangle him. He

despises her, is showing inappropriate aggression toward her, screaming at her to not touch him. He was almost

reprimanded for his behavior but the kid just feels a frantic need to protect himself. Was this action taken by her legally

sound given his emotional distress?

Asked on April 23, 2017 under Personal Injury, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Teachers stand "in loco parentis," or in the place or stead of a parent: they are essentially, during school, a parental surrogate. They could use force in the same way, for the same reasons, to the same extent that a parent could. So if a parent could have restrained his/her child in this way, to stop him/her from running, a teacher could do so, too.


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