Special Education News in Brief

Appeals Court Rejects Suit Over Special Ed. Restraints

By Mark Walsh — January 19, 2016 1 min read
  • Save to favorites
  • Print

An Ohio special education teacher’s alleged techniques of binding a student and gagging him with a bandana to stop him from spitting, strapping another student to a toilet to keep her from falling off, and forcing a third student to sit with her pants down on a training toilet in full view of her classmates were “inappropriate and abusive,” but they did not violate the students’ constitutional rights, a federal appeals court has ruled.

All three students had autism, and they ranged in age from 6 to 11 during the 2003-04 school year when the alleged behavior took place.

After the allegations were reported against Marsha Kowalski, a teacher at the North Point Educational Service Center in Sandusky, Ohio, she was suspended with pay for a year while state authorities investigated. The investigation concluded with a consent agreement in which Kowalski denied any wrongdoing, but she agreed to complete 20 to 30 hours of college-level special-education coursework.

A version of this article appeared in the January 20, 2016 edition of Education Week as Appeals Court Rejects Suit Over Special Ed. Restraints

Events

Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
Mathematics K-12 Essentials Forum Helping Students Succeed in Math
Student Well-Being Live Online Discussion A Seat at the Table: The Power of Emotion Regulation to Drive K-12 Academic Performance and Wellbeing
Wish you could handle emotions better? Learn practical strategies with researcher Marc Brackett and host Peter DeWitt.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education Opinion RFK Jr. Is the Last Person Who Should Be in Charge of Special Education
Here’s why President Trump’s recent announcement sent a chill down the spines of autistic individuals like me.
David Rivera
3 min read
Collaged image of Robert F. Kennedy Jr. with brightly colored classroom images in the background.
Vanessa Solis/Education Week + Rod Lamkey, Jr./AP + Getty Images
Special Education Spotlight Spotlight on Neurodiversity in K12: Supporting Every Learner's Success
This Spotlight will help you explore effective strategies for supporting neurodiverse students, fostering inclusive environments, and more.
Special Education Why Trump's Move to Shift Special Ed. to HHS Is Rattling Educators
Current and former staffers are wary of vague plans to move special education out of the Education Department.
9 min read
Professionals stand on an arrow that shifts from one parallel line to another, illustrating the concept of a realignment. One person is dressed as healthcare professional.
mathisworks/DigitalVision Vectors
Special Education How Schools Make Up for the Feds' Unfulfilled Special Ed. Funding Commitment
Congress has never met a 50-year-old funding commitment it made for special education services.
6 min read
Vector of a teacher hand holding puzzle piece bridging the gap in primary education for children
iStock/Getty Images