The Case Law on Aversive Interventions for Students with Disabilities

Abstract

Parents and professionals have increasingly rejected aversive intervention strategies that rely on their punishing effect to decrease occurrences of challenging behavior. As a result, positive behavioral intervention strategies have emerged as a viable alternative. Students with disabilities, however, continue to be at risk for exposure to aversive interventions. This article identifies legal boundaries and protections for students through a review of the case law on aversive interventions in five categories: electric shock, noxious substances, corporal punishment, restraints, and timeout. Despite the emergence of positive interventions, qualified support for the use of aversive interventions continues to exist. The article discusses IDEA amendment language supporting positive behavioral interventions and makes recommendations for continued advocacy on behalf of students with disabilities.