Did This School District Restrain and/or Isolate Young Children with Disabilities? What Did Investigators Find? In October 2020, the Department of Justice’s Civil Rights Division opened an investigation into the discriminatory use of seclusion and restraint against children with disabilities by staff at Frederick County Public Schools. The investigation revealed literally “thousands of incidents of seclusion and restraint against young children in just two and a half school years.” Children with disabilities make up less than 11 percent of the students enrolled in Frederick County Public Schools. The investigation found more than 7,250 instances involving 125 students as young as five, who were isolated or restrained by staff in non-emergency situations. Every instance of seclusion involved a child with a disability. Of the restrained children, all but one had disabilities. The episodes of seclusion and restraint intensified the children’s distress. Some tried to harm themselves and showed other signs of trauma. The investigators found that the district failed to use appropriate behavior interventions tailored to the student’s needs and routinely used seclusion and restraint, even in ordinary, non-emergency situations. “Every child should feel safe and protected while in school” said U.S. Attorney Erek L. Varron of the District of Maryland. “The use of seclusion rooms and unjustified physical restraints on young people, particularly those with disabilities, falls painfully short of a school district’s responsibility to support the safety, health and educational needs of its students.” “Students with disabilities deserve a school environment rooted in positive, preventive, and supportive classroom strategies.” Under the settlement, Frederick County school officials agreed to take corrective actions, including: *prohibit the use of seclusion; * report all instances of restraints and evaluate whether they were justified; * designate trained staff to collect and analyze restraint data and create appropriate behavior intervention plans; *offer counseling and compensatory education services to children with disabilities who were subjected to the district’s discriminatory practices. Full text of the Settlement Agreement in U.S. v. Frederick County Public School District: https://www.justice.gov/opa/pr/justice-department-reaches-settlement-maryland-school-district-protect-students-disabilities News Release: In Restraint and Seclusion Case, Justice Department Reaches Settlement with Maryland School District to Protect Students with Disabilities from Abuse. https://www.justice.gov/opa/pr/justice-department-reaches-settlement-maryland-school-district-protect-students-disabilities More Articles about Settlements in School Cases Justice Department Settles with Florida District in Class Removals Discrimination Case (FL) https://www.wrightslaw.com/blog/breaking-news-justice-department-settles-with-florida-district-in-discrimination-class-removals-case/ ******** $450,000 Settlement in Teacher Restraint and Seclusion Case (NC) https://www.wrightslaw.com/law/art/settle.wcpss.teach.abuse.htm ***************** Justice Settles with Maryland District in Case About Restraint and Seclusion of Young Children with Disabilities U. S. v. Frederick County Public School District (12/01/21) 77 Prone Restraint Incidents on 10 Year-Old with Autism https://www.wrightslaw.com/info/advo.doj.settlement.htm ************* **Do You Know a Child Who Has Been Forcibly Restrained at School? ProPublica is an independent, nonprofit newsroom that produces investigative journalism with moral force. The goal of ProPublica is to shine a light on abuses of power and betrayals of public trust." ProPublica is investigating the practice of forcible restraint in U.S. schools and is interested in hearing from parents, educators or others who know children who have been restrained or inappropriately disciplined in a school setting. To learn more, read Do You Know a Child Who's Been Forcibly Restrained in School? https://www.propublica.org/getinvolved/do-you-know-a-child-whos-been-forcibly-restrained-by-a-teacher-or-educator **How to File an Americans with Disabilities Complaint with the Department of Justice You can file an Americans with Disabilities Act (ADA) Complaint with the Department of Justice to allege disability discrimination against a State or local government or a public accommodation (i.e., private businesses including restaurants, doctors’ offices, retail stores, hotels). **How to File a Complaint with the Justice Department You may file an Americans with Disabilities Act (ADA) Complaint with the Department of Justice to allege disability discrimination against a State or local government or a public accommodation (i.e., private businesses including restaurants, doctors’ offices, retail stores, hotels). How to File a Complaint with the Justice Department Restraint and Seclusion Resources from U.S. Department of Education (USDOE) Dear Colleague Letter about Restraints and Seclusion from U.S. Department of Education, Office of Civil Rights (2016). In a Frequently Asked Questions format, describes limits on use of restraint and seclusion by public schools and how use of restraint and seclusion may result in discrimination against students with disabilities and violations of Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. Restraint and Seclusion: Resource Document from the U.S. Department of Education specifies that the use of restraint and seclusion must be consistent with the child’s right to be treated with dignity and be free from abuse and ... * Restraint and seclusion should only be used as a safety measure of last resort, and should never be used as punishment or discipline or for staff convenience. * Restraint and seclusion may cause serious injury or long-lasting trauma and death, even when done safely and correctly. * There is no evidence that restraint or seclusion is effective in reducing the problem behaviors that frequently precipitate the use of those techniques. Download Restraint and Seclusion: Resource Document from the U.S. Department of Education (USDOE). For more resources, go to Abuse, Restraints and Seclusion in School.