You may have a general understanding of how self-defense works in a criminal case, but the concept is very different in the educational environment. There are limits to what teachers, administrators, and other school personnel can do to protect themselves and other students. It is important to discuss questions and concerns with an experienced Illinois school law attorney, but an overview on the basics of self-defense in schools may provide some insight.
Overview of Illinois Law on Self-Defense
The Illinois statute requires teachers and other school personnel to maintain discipline in all matters connected to the educational curriculum, including athletic programs and extracurricular activities. With respect to students, school officials occupy the position of parents or guardians, so they can exercise their authority to maintain discipline at any time.
In addition, While corporal punishment of students is banned in Illinois, the law requires school boards to implement policies to meet the goal of maintaining discipline. At minimum, the school policy must allow a teacher or other designated employee to use reasonable force as necessary:
- To ensure the safety of students, school officials, and other individuals;
- For the purpose of self-defense or the defense of property; and,
- To remove a student from the classroom environment when he or she is engaging in disruptive conduct.
In connection with implementing these policies, including those related to self-defense, school boards must address the due process rights of students. This means that any policies regarding self-defense must be consistent with established principles of fairness, so the student is not treated unfairly, unreasonably, or in an arbitrary fashion.
Special Considerations
The statute is clear that any policy enacted by the school board cannot allow self-defense in the form of slapping, paddling, or other infliction of bodily harm. Other notable considerations include:
- Special Training: Teachers and other school personnel must receive training from an accredited, approved institution in order to restrain a child for purposes of self-defense. When using force to protect themselves, officials must use maneuvers and strategies that are the least restrictive.
- Impulse Control: Many younger students and students will special needs struggle with impulse control, so teachers must use appropriate methods of addressing disruptive behavior. When officials must implement behavioral interventions, they must do so only after considering the student’s physical and social needs. These methods must also respect dignity and privacy, so that the student faces the least restrictive environment.
- 10-Day Notice and Hearing: Under the statute, the school board must implement a policy regarding rule violations. Before a suspension or other form of discipline, the person must be provided with a notice of the violation within 10 days afterward. That individual is also entitled to a hearing for a determination on the matter.
Discuss Self-Defense Issues with a Knowledgeable Lawyer
Self-defense in schools is a complicated issue, so you should consult with a skilled school law attorney regarding your situation. Our lawyers at Glasgow & Olsson can help, so please contact our Schaumburg, IL office or visit us online to set up an appointment. Our team serves clients throughout Cook, Lake, DuPage, McHenry, and Kane Counties, and we can advise you on all aspects of school law.
(image courtesy of Matese Fields)