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Abstract

Since 2014, the U.S. Department of Education (DOE), Office for Civil Rights (OCR) and the U.S. Department of Justice (DOJ), Civil Rights Division have conducted investigations of individual school districts’ use of physical restraint and seclusion procedures. This report identifies the legal basis for these investigations, as well as common problems found across the districts as a result. It also describes common elements required in the resulting settlement agreements with school districts. Conclusions will address how school systems might evaluate and adjust practices related to restraint and seclusion based on these investigations and DOE recommendations.

Keywords

physical restraint seclusion federal investigations

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References

Americans with Disabilities Act (ADA), Title II, 42 USC §§ 12131 et seq.

Anchorage School District Settlement Agreement with the U.S. Department of Justice, Civil Rights Division. (2023). DOJ Case No. DJ 169-6-8). https://www.justice.gov/d9/case-documents/attachments/2023/02/16/02.16.2023_final_signed_settlement_agreement_508.pdf

Butler

(2019, July 1). How safe is the schoolhouse? An analysis of state seclusion and restraint laws and policies. Autism National Committee. https://www.autcom.org/pdf/HowSafeSchoolhouse.pdf

Children’s Health Act of 2000, 42 U.S.C. § 201 et seq. (2000). https://www.congress.gov/106/plaws/publ310/PLAW-106publ310.pdf

Civil Rights Division. (2022a). Letter to Schlenker & Swann (DOJ Case No. DJ 169-1-127). U.S. Department of Justice. https://www.justice.gov/d9/press-releases/attachments/2022/10/12/letter_of_findings_-_alabama_trauma_foster_care_-_signed_final_508_0.pdf

Civil Rights Division. (2022b, September 7). What can DOJ do? U.S. Department of Justice. https://www.justice.gov/crt/what-can-doj-do

Civil Rights Division. (2023, October 11). What is seclusion? U.S. Department of Justice. https://www.justice.gov/crt/what-seclusion

Clarke

(2023, September). Educational Opportunities Section: Combating Improper Seclusion in Schools. U.S. Department of Justice, Civil Rights Division. https://www.justice.gov/crt/what-seclusion#:~:text=Seclusion%20is%20the%20involuntary%20confinement,are%20not%20free%20to%20leave

Freeman

Peterson

Kern

Mathur

S. R.

Barber

Power

Perea

(2023). CCBD’s position on eliminating the use of seclusion in educational settings. Behavioral Disorders, 48(2), 134–144. https://doi.org/10.1177/01987429211033548

10.

Keeping All Students Safe Act, H.R.3470, 118th Cong . (2023). https://www.congress.gov/bill/118th-congress/house-bill/3470?q=%7B%22search%22%3A%22hr3470%22%7D&s=6&r=1

11.

Lhamon

C. E.

(2016, December 28). Dear colleague letter: Restraint and seclusion of students with disabilities. U.S. Department of Education, Office for Civil Rights. https://www.ed.gov/sites/ed/files/about/offices/list/ocr/letters/colleague-201612-504-restraint-seclusion-ps.pdf

12.

Lhamon

C. E.

(2023). Fiscal year 2022 annual report: Report to the president and secretary of education. U.S. Department of Education, Office for Civil Rights. https://www2.ed.gov/about/reports/annual/ocr/report-to-president-and-secretary-of-education-2022.pdf

13.

Munson

(2022, October 27). U.S. regulates restraint, seclusion in hospitals. Why not schools? Hearst Newspapers. https://www.ctinsider.com/news/article/school-restraint-seclusion-regulations-legislation-17474953.php#patchworkofstatelaws_1665681376359

14.

National Association of School Psychologists. (2024). Policy platform: Federal public policy and legislative platform, p. 6. https://www.nasponline.org/research-and-policy/policy-priorities/nasp-policy-platform#:~:text=Prohibits%20the%20use%20of%20seclusion,of%20physical%20restraint%20in%20schools

15.

National Disability Rights Network. (2022, February). Restraint and seclusion federal policy update. https://www.ndrn.org/wp-content/uploads/2022/02/Restraint-and-Seclusion-White-Paper-AC-020222.pdf

16.

Nunno

McCabe

Izzo

Smith

Seliers

Holden

(2021). A 26-year study of restraint fatalities among children and adolescents in the United States: A failure of organizational structures and processes. Child & Youth Care Forum, 51, 661–680. https://doi.org/10.1007/s10566-021-09646-w

17.

Office for Civil Rights. (2004, March 12). Pending cases currently under investigation at elementary-secondary and post-secondary schools. U.S. Department of Education. https://ocrcas.ed.gov/open-investigations?page=1

18.

Office for Civil Rights. (2020). 2017-18 Civil rights data collection: The use of restraint and seclusion on children with disabilities in K-12 schools. U.S. Department of Education. https://files.eric.ed.gov/fulltext/ED615809.pdf

19.

Office of Special Education and Rehabilitative Services. (2012). Restraint and seclusion: Resource document. U.S. Department of Education. http://www2.ed.gov/policy/seclusion/restraints-and-seclusion-resources.pdf

20.

Office of Special Education Programs. (2023, July 24). State general supervision responsibilities under Parts B and C of the IDEA. Monitoring, technical assistance, and enforcement (Rep. No. OSEP QA 23-01). U.S. Department of Education, Office of Special Education and Rehabilitative Services. https://sites.ed.gov/idea/files/Guidance_on_State_General_Supervision_Responsibilities_under_Parts_B_and_C_of_IDEA-07-24-2023.pdf

21.

Spokane Public Schools Settlement Agreement with the U.S. Department of Justice, Civil Rights Division. (2023). (DOJ Case No.DJ 169-81-5). https://www.justice.gov/d9/case-documents/attachments/2023/04/17/executed_doj-sps_agreement_508.pdf

22.

United States v. Georgia, Georgia Network for Educational and Therapeutic Support Program. (S.D. Ga. 2016). (Complaint). https://www.justice.gov/crt/case-document/us-v-georgia-georgia-network-educational-and-therapeutic-support-program-complaint

23.

U.S. Educational Opportunities Section. (2023, August 28). Roundtable discussion: Combating discriminatory seclusion practices [Video]. U.S. Department of Justice, Civil Rights Division. https://www.justice.gov/crt/video/roundtable-discussion-combating-discriminatory-seclusion-practices

24.

U.S. Government Accountability Office. (2009, May 19). Seclusions and restraints: Selected cases of death and abuse at public and private schools and treatment centers (GAO-09-719T). https://www.gao.gov/assets/130/122526.pdf

25.

Van Acker

E. Y.

Kane

E. J.

Brico

N. C.

Peterson

R. L.

(2020). Analysis of school district physical restraint and seclusion policies. Behavioral Disorders, 47(1), 40–52. https://doi.org/10.1177/0198742920973213

26.

Williams

V. C.

(2023, July 24). Dear Colleague Letter (OSEP DCL 23-01). U.S. Department of Education, Office of Special Education and Rehabilitative Services, Office of Special Education Programs. https://sites.ed.gov/idea/files/dcl-general-supervision-responsibilities.pdf

Federal Investigations of School Districts’ Use of Physical Restraint and Seclusion Procedures

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Keywords

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