You can watch a report summarizing the case of a 6 year old who was handcuffed to his desk twice.
An article in Digital Journal does a terrific job of summarizing this case and its outcome.
Here is the article in its entirety:
The New Orleans based Louisiana Recovery School District settled a lawsuit that had been filed against the board earlier this year announced the Southern Poverty Law Center.
The lawsuit resulted after staff at the Sarah T. Reed Elementary School handcuffed a six year old boy not once, but on two separate occasions. The boy, Ja’Briel Weston, was restrained in school by having one ankle cuffed to his desk on one occasion, and handcuffed to a chair on the second occasion. The “offenses” committed by the Grade 1 student to warrant such punishment were allegedly talking back to a teacher and being involved in a bit of a shoving match with another boy during lunch in the cafeteria, reported The Root in the summer.
Ja’Briel’s parents did contact the school in an attempt to end the use of handcuffs and other restraints in the school, but the principal defended the cuffing of the boy, and told the family the school was required to uphold a policy whereby students are routinely arrested and restrained for misbehaviour.
Following those attempts, Ja’Briel’s family proceeded with a lawsuit against the school, prompting a response from the Louisiana State Superintendent, Paul Pastorek. In a press release, Pastorek said
“The Louisiana Department of Education is, of course, concerned with the well being of all students and recognizes our responsibility to ensure every child receives a free and appropriate education. While we have no way of verifying these specific incidents as of yet, it’s unacceptable that any child or family would have to endure the kind of hardships that were described by the Southern Poverty Law Center in this complaint. At the same time, we are disappointed that this organization did not make us aware of these reports and concerns until today, several hours after a press conference was held outlining this complaint. If we had been notified, we would have worked with this organization, these students and their families to resolve any deficiencies so that their physical, emotional and educational needs are met by their local districts and schools.”
In spite of the superintendent’s words assuring parents that the Department of Education would work to resolve complaints, the lawsuit was not settled until late October.
The Southern Poverty Law Center and the Juvenile Justice Project of Louisiana filed the suit on behalf of “all school children who attend the Sarah T. Reed Elementary School” states the complaint.
A press release issued In November by the Southern Poverty Law Center announced the settlement. While specific details have not been publicized, the Recovery School District “has prohibited the use of fixed restraints and limited the use of handcuffs. The RSD will also provide formal training to all security personnel on the settlement terms.”
Coverage from the Times-Picayune provided a bit more information. According to the newspaper, the Recovery School District will stop restraining students 10 years of age and under. Those who are restrained will no longer be restrained to a fixed object. The Recovery School District paid Ja’Briel’s family an unknown sum of money as part of the settlement agreement.
While the agreement was welcomed by the Juvenile Justice Project of Louisiana, the organization’s legal director told the Times-Picayune
“This is an important and meaningful first step, but unfortunately, much more must be done to protect all students from harsh discipline practices that force them out of the classroom and subject them to physical abuse. We will continue to work to reform these outdated practices on behalf of children and families across the state.”
The Louisiana Recovery School District has said it does not have a policy of restraining its students, and a spokesperson from the educational authority refused to speak to the media about the story. Others are upset that the Recovery School District will still be able to handcuff students.
One security officer lost his job as a result of cuffing Ja’Briel. Ja’Briel now attends another school.
The Southern Poverty Law Center has since taken on the Louisiana Department of Education in a lawsuit that alleges special needs students do not have equal access to education.
