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45 U. Tol. L. Rev. 505 (2013-2014)
Time-out and Seclusion Litigation: A Liability Nightmare

handle is hein.journals/utol45 and id is 527 raw text is: 

                     A  LIABILITY NIGHTMARE?

                       Susan  C. Bon and  Perry A. Zirkel*


      H   IGH-profile  media  reports of  K-12  schools subjecting  children with
          disabilities to severe forms of seclusion' reveal the controversial nature
of aversive interventions. For example,  a national television station reported the
claims  of several parents in a Connecticut  school  district that their children's
elementary   school  uses a  scream  room   to  address  behavioral  problems.2
Although  one parent of a child with autism perceived the benefits of such a time-
out mechanism   for her child's need for a quiet space to calm down, other parents
expressed outrage  at this aversive, isolation treatment.3
      Other mass-media   reports include litigation or legislation in tandem with
such incidents.4 For instance, parents of a seven-year-old child who  wet himself
while secluded  in the school's designated cool down  room,  which-according
to them-resembled a padded prison cell, reportedly filed a lawsuit seeking
monetary  damages   for emotional and physical injuries to their child.5 However,
the same  source did not provide any details about the theories and outcome of the

     * Susan C. Bon is Associate Professor of Education Law and Affiliate Professor of Law at
the University of South Carolina.
     Perry A. Zirkel is University Professor of Education and Law at Lehigh University.
     We  would like to thank the various members of the Toledo Law Review who organized this
Symposium; and extend special thanks to Stephanie Green who provided keen insights and served
as an editorial assistant for this piece prior to its publication.
    1. See, e.g., Laura Hibbard, Parents Outraged Over School 'Scream Rooms' at Farm Hill
Elementary  School in  Connecticut, HUFFINGTON  POST  (Jan. 11,  2012, 4:21  PM),
http://www.huffingtonpost.com/2012/01/1 1/school-scream-rooms-middletown-conn-farm-hill-
elementary-school n_1 199558.html; Brian Ross et al., Death at School: Parents Protest
Dangerous  Discipline for Autistic, Disabled Kids, ABC   NEWS   (Nov.  29,  2012),
    2. School Puts Troubled Kids in 'Scream Room', NBC NEws (Jan. 11, 2012, 5:47 AM),
    3. Id.
    4. See, e.g., Jennifer Smith Richards & Molly Bloom, Education: Isolation Chambers, THE
COLUMBUS   DISPATCH  (Aug. 5, 2012, 6:20  AM),  http://www.dispatch.com/content/stories/
    5. Carey  Pena, Elementary School Faces  Lawsuit Over  Padded  Seclusion Room,
AZFAMILY.COM  (Sept. 19, 2012, 9:30 PM), http://www.azfamily.com/news/Elementary-school-
faces-lawsuit-over-padded-seclusion-room-1 70441246.html.


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