Wednesday, August 22, 2012

Breaking: Second Circuit Approves State Ban on Aversives

Seal of the United States Court of Appeals for...Seal of the United States Court of Appeals for the Second Circuit. (Photo credit: Wikipedia)

The U.S. Second Circuit Court of Appeals yesterday upheld a state law baring aversives.  You can read the entire decision in Bryant v. NY State Educ Dept here.  The court ruled that neither IDEA nor the Constitution invalidates the New York statute.

This decision may have significance for the ongoing debate over the abuse of seclusion and restraints on children with disabilities.
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  1. Hmm... I’m not sure how to feel about this one. I didn’t have time to read it front to back, but there’s definitely a danger in making punishment legally backed, because interpretation in general in a dangerous thing in cases. IDEA is a good idea (no pun intended), but I think “aversives” is kind of questionable word choice without clarification. Unless I’m flat-out reading it wrong.

  2. I haven't read this one yet - but my initial response is hurrah! NY, and particularly NYC, has an historic tendency to ship students out - which means out of state. Very often, for students with ED and ASD, the only school with opening s was the Judge Rottenberg Center (JRC). . .