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4436 REVIEW DENIED A public school teacher may use the same reasonable force in controlling the behavior of an autistic child as the child's parent would be privileged to use; unless a defendant's act is unlawful, s/he is not liable for battery unless s/he intended to cause a harmful or offensive contact or apprehension thereof; a plaintiff claiming that a teacher's use of force against an autistic child violated the Ralph Act must show that defendant took the alleged actions because he was biased against disabled children; a claim that force used by a teacher against an autistic child violated the child's right under the Bane Act to a public education requires evidence that the alleged conduct caused or was an attempt to cause the child to stay away from school; a plaintiff's inability to assert or proffer any theory upon which a Ralph Act or Bane Act claim could be based justifies an award to defendant of attorney fees incurred in defending actions for violations of those laws.CitationAUSTIN B v ESCONDIDO USD (Autistic Children) 149 CA4 860 [See: CivC 51.7, 52.1; EdC 44807; GovC 815.2; REST 2d section 13; Lopez v Surchia 112 CA2 314]
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