My daughter, age 9, started at a new school in Kent, OH called the Leap Program that was supposed to help with her behavior issues (she has ADHD and high functioning Autism Spectrum Disorder). I was given a ton of paperwork to fill out and sign. One of the pages was about the use of physical restraint. I did not sign this paper requesting more info. On her first day, the teacher used physical restraint and her arm was injured as a result. I know had I signed the paper, I would have been out of luck, but since I did not sign, is there any legal recourse I can take? There's no way I'm signing paper work now, but I'm afraid she will be unable to attend school as a result and I may have to quit my job and home school her as a result. Please advise if there is any recourse in this case or if you have any recommendations for me.
The first question is the severity of your daughter's injury. If the injury is relatively minor, then the cost to pursue a claim might well exceed your recovery. You also need to factor in the cost of quitting your job to home school your daughter. The cost would also include the effect of isolation from other children on your daughter.
Unless the injury is severe, you may end up losing more than you would gain.
While others may disagree with me, IMO by sending your daughter to the school, you may have implicitly agreed to the terms even though you did not sign the forms. In any event, the issue is not whether the teacher applied physical restraint, but whether the teacher negligently applied physical restraint. Teachers have an inherent duty to protect students from harm.
So, yes, you do have recourse. You can engage an expert to evaluate the teacher's conduct. You can submit a claim for the injury. Whether you elect to proceed is really a question of what can be gained set off against the cost and potential other consequences.
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