If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100.

In the case of Vargas v. Specialized Educational Services, a mother sued a school and its employees for her emotional injures caused by witnessing her son, a special education student, have his ear partially severed and rendered unconscious while the school restrained him. The son made a claim for assault and battery, and alleged that the school physically restrained him with such force so as to result in a blow to the right side of his head, which severed his right ear and caused serious and painful injuries to his head, ear, neck and back.

On January 19, 2010, the special needs student with a diagnosed developmental disability was removed from his classroom and physically restrained in a “timeout room” by the school. The school’s use of physical force to restrain the student resulted in a blow to the right side of his head. The mother sued the school for intentional infliction of emotiaonl distress. In order for the mother to prevail in a case for liability alleging intentional infliction of emotional distress, four elements must be established. It must be shown: (1) that the school intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct; (2) that the conduct was extreme and outrageous; (3) that the school’s conduct was the cause of the mother’s distress; and (4) that the emotional distress sustained by the mother was severe.

The court dismissed the mother’s claim for IIED, but sustained the son’s assault and battery claims. “Allegations of the defendants' forceful restraint of Rodriguez that resulted in the partial severing of his ear and being knocked unconscious reached the level of sufficiency needed to plead apprehension and subsequent harmful contact” said the court. “Also, an inference can be drawn from the alleged severity of Rodriguez's injuries, namely the partial severing of his ear and unconsciousness, that the defendants exhibited a reckless disregard of consequences.”

If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.

Source: Vargas v. Specialized Educ. Servs., 2013 Conn. Super. LEXIS 2659, 2013 WL 6671230 (Conn. Super. Ct. Nov. 19, 2013)