ABERDEEN, S.D. – Some Aberdeen School District employees have made their case before the 8th District appeals court that a lawsuit by parents of five special education students should not proceed to trial.
The appeals court heard the case Wednesday. The parents allege a teacher subjected their children to physical restraint, seclusion as punishment and unnecessary use of force, among other offenses. The plaintiffs say the teacher’s supervisors ignored their complaints.
The students are all non-verbal, some with autism, some have physical disabilities. The federal circuit judge presiding over the case issued an order last October and held that the case could continue to a jury.
The employees appealed.