Topic: Special Education
The ninth circuit ruled that an autistic child’s parents were required to exhaust their administrative remedies prior to bringing various legal claims against a school district for restraints used.
The parents claimed that they suffered harm along with their child and that the use of a "safe room" was tortious and unconstitutional.
The ninth circuit found that the restraints used were educational, the behaviors which warranted seclusion were addressed in the IEP and that the seclusion type restrains were authorized under Washington state law.
The matter was appealed for a rehearing en banc. To review the 9th circuit’s original decision visit: