A federal appeals court has ordered a lower court to reconsider its issuance of a preliminary injunction that barred the New York state education department from enforcing an emergency regulation against the use of "aversive interventions" for children with disabilities.
The aversive therapies at the school at the center of the case include "skin shocks, 'contingent' food programs, and physical restraints," says the opinion by a three-judge panel of the U.S. Court of Appeals for the 2nd Circuit, in New York City.
The Judge Rotenberg Educational Center (Backstory.) is in Canton, Mass., but it has served hundreds of students from New York state who have been referred there as part of their individualized education programs under the federal Individuals with Disabilities Education Act, court papers say...
...The New York State Education Department issued a report in 2006 that was critical of the school, and it issued its emergency regulation barring their use, evidently with respect to students from New York state....
This from the School Law Blog.
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