Child getting hurt at school

[Mayra]

Hello. My daughter is 6 yrs old in first grade. She is diagnosed with severe autism and ID. She keeps getting hurt at school. First there was an incident where they said a kid ran into her. She came home with swollen black eye. Second she swallowed a ballon, and most recent she smashed her finger and hit her head. 
she is non verbal she cannot tell me what is really happening. I’m at a loss I  don’t feel she is safe at school. I almost don’t want to send her back. Any advice will be greatly appreciated it.

thank you 

[Carolyn Rowlett]

First, you need to make sure you are keeping a log of all of these incidents.  Second, as soon as you are made aware of an incident, ask for a copy of the nurse's report.  All the scenarios you mention above should have resulted in a visit to the school nurse.  Third, request a team meeting.  It's not clear from your post if she is on a 504 or an IEP.  Either way, a discussion needs to be had about how to keep your child safe.  She may even need a 1:1 aide.  Also, tell the team you are going to put a body cam on your child because she cannot convey verbally what is happening.  Check with your state department of education regarding this because all state laws differ, but the consensus is usually that children can wear these in areas where there is no expectation of privacy, which in a school is just about everywhere except the bathroom. Finally, there is probably a way to report these injuries as potential abuse that should be investigated - either through the school district's own procedures or through the state department of education.

[Mayra]

Hello Carolyn. Thank you for answering my question. My daughter does have a 1:1. And an IEP.  It is why I’m very concerned because usually this is happening while teacher is out. We had IEP two weeks ago and I addressed this concern. The special ed teacher said all staff is highly trained and that my daughter is just very fast and very strong. They also said legally they cannot restrain  her. So they try to redirect her to safely or to her activities.  
my daughter has no safety awareness and is very accident prone. And at this point I don’t trust aids or school staff with her safety. 

[JSD24]

They can restrain her.  Students who are a danger to self or others can be restrained.  If she's hitting her head or smashing her fingers, she is a danger to herself.  The person restraining her would need to be trained on how to properly restrain because people can get hurt if it's done wrong.  Redirection should be what's tried 1st but you don't stand by and watch a child hurt themself.  Restraint should be the last resort.

It is possible that they don't have trained personnel.  If they are not trained, they legally cannot restrain.   Pretty sure this falls under child neglect if they are not intervening and allowing your child to get hurt.  You might want to call the CPS people in your state and ask them what's legal.