What action can I take if my son is in a private special education school and is getting put into restraining holds daily?

UPDATED: Feb 7, 2014

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What action can I take if my son is in a private special education school and is getting put into restraining holds daily?

He has come home with bruising, scratches, torn clothing and rashes. Can I take action against the school for excessive force?

Asked on February 7, 2014 under Personal Injury, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your son is injured--even emotionally--by this, you could very likely sue the school and the relevant educators or staff. You could also bring a lawsuit seeking injunctive relief--a court that they do not do this--and you could contact the state department of education, which licenses schools, and bring this to their attention. Before doing any of that, however, you might try speaking to higher-ups at the school--it's possible that more senior people do not know what is going on.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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