Is my son’s kindergarten PE teacher allowed to forcibly stop him from running?

UPDATED: Sep 30, 2022

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Is my son’s kindergarten PE teacher allowed to forcibly stop him from running?

The school says so. CPS didn’t say anything to the contrary. But my 6 year old has suffered mentally, to the point where he initially assumed the teacher had tried to strangle him. He

despises her, is showing inappropriate aggression toward her, screaming at her to not touch him. He was almost

reprimanded for his behavior but the kid just feels a frantic need to protect himself. Was this action taken by her legally

sound given his emotional distress?

Asked on April 23, 2017 under Personal Injury, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Teachers stand "in loco parentis," or in the place or stead of a parent: they are essentially, during school, a parental surrogate. They could use force in the same way, for the same reasons, to the same extent that a parent could. So if a parent could have restrained his/her child in this way, to stop him/her from running, a teacher could do so, too.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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