False Imprisonment: Teacher tapes student to chair in Chicago
Well, it continues to happen. When I teach intentional torts and false imprisonment to my
students I can see them sitting there thinking ... who would ever do
anything like that to a kid? And I tell them, you know, it happens all
the time (unfortunately). Well, a rookie teacher in Chicago taped a special education student to a chair using masking tape -- and was fired, of course.
I can't help but think this is exactly the type of incident that could have been prevented had the rookie teacher had educational law in her pre-service preparation program. Clearly, any teacher should know that it is wrong to tape a kid to a chair. But, teachers that have taken educational law know why it is wrong and know how they are liable. There is less debate in their mind concerning the legality of their actions. I understand that pre-service teachers need lots of classes to get ready to enter the classrooms, but seems like a class that clearly informs teachers of what is legally right and what is legally wrong and why, would be a good idea. There is a reason we have laws against these things, but we are just assuming that teachers will miraculously know this on their own. Why are we doing that? We could make a lot of little things like this go away. Not all of it, but a good deal of it. I am tired of reading about this stuff in the papers.
Crossposted At the Schoolhouse Gate
I can't help but think this is exactly the type of incident that could have been prevented had the rookie teacher had educational law in her pre-service preparation program. Clearly, any teacher should know that it is wrong to tape a kid to a chair. But, teachers that have taken educational law know why it is wrong and know how they are liable. There is less debate in their mind concerning the legality of their actions. I understand that pre-service teachers need lots of classes to get ready to enter the classrooms, but seems like a class that clearly informs teachers of what is legally right and what is legally wrong and why, would be a good idea. There is a reason we have laws against these things, but we are just assuming that teachers will miraculously know this on their own. Why are we doing that? We could make a lot of little things like this go away. Not all of it, but a good deal of it. I am tired of reading about this stuff in the papers.
Crossposted At the Schoolhouse Gate
This is very unfortunate for the rookie teacher. There are proper ways to restrain a child that is aggressive towards himself and others, but from reading the article it doesn't appear that he was causing afflication on himself or others, just refusing to sit down. In this case, the teacher should have sought help immediately. I barely touch a child (just a praise of a pat on the back). It seems to me that if the teacher had gotten help, the child could have been removed from the setting.
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I do not feel bad for the teacher. I am happy that this individual is not teaching. Rookie or not, she was of sound mind and body and should have known that these actions were not justified. It is sad to think that in this day and time of mass media, she didn't realize that this action (whether intended harm or not) would not be actionable. I read the original article and it mentioned that she had received her clearance to be a sub. Maybe she was just subbing in the room and can learn from this mistake and growth ethically and professionally. I do hope that if she is teacher material and simple "made a bad choice", that she can regroup and reenter the profession (she may have to move districts).
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