Source: United States Department of Justice News
The Justice Department announced today a settlement agreement with Spokane Public Schools in Spokane, Washington, to address the discriminatory use of seclusion and restraint against students with disabilities. The settlement agreement, which resolves the department’s investigation under Title II of the Americans with Disabilities Act (ADA), will protect students with disabilities by eliminating seclusion and reforming the district’s restraint practices.
The department’s investigation concluded that the school district inappropriately and repeatedly secluded and restrained students with disabilities and did not limit its use of restraint and seclusion to emergency situations, as required by state law and the district policy. Instead, the district restrained and secluded students with disabilities to address noncompliant behavior, even when those actions appeared to escalate the behavior or when students showed clear signs of trauma. As a result, students with disabilities missed hundreds of hours of instructional time. Under the settlement agreement, Spokane Public Schools has agreed to end the use of seclusion, overhaul its restraint practices and better train staff on how to anticipate, address and de-escalate students’ disability-related behaviors through effective and appropriate interventions and supports.
“When schools discriminate against students with disabilities through improper restraints and seclusion, they unjustly deprive those students of equal access to education and the opportunity to succeed,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Schools need the tools and the training to appropriately serve all students, including students with disabilities. This agreement will put Spokane Public Schools firmly on a path to systemic reforms that will protect students with disabilities and provide them with a safe and supportive learning environment. The Civil Rights Division will continue to fight discrimination against children with disabilities in public schools across the country.”
“Each and every child deserves a fair and equal opportunity to learn and thrive,” said U.S. Attorney Vanessa R. Waldref for the Eastern District of Washington. “Our office, in partnership with the department’s Civil Rights Division, will vigorously investigate allegations of discrimination on the basis of disability in all settings, including in our public schools. We are heartened by the school district’s commitment to this sweeping agreement, which will undoubtedly improve the education and everyday lives of many of our students in the Spokane community.”
The district fully cooperated throughout the investigation, and before entering the agreement, began steps to voluntarily reform its practices. Among other actions, under the agreement, the district will:
- Prohibit the use of seclusion (referred to in the agreement as “isolation”) at all district schools;
- Only restrain students when their behavior poses an imminent likelihood of serious harm to the student or another person;
- Improve data collection efforts and establish review protocols following the use of restraint;
- Review and improve behavioral intervention plans;
- Create classroom-wide behavior management plans that promote positive behaviors and de-escalate noncompliant behaviors to support teachers and students in classrooms serving students with high-intensity behaviors;
- Deliver appropriate training and resources to help schools implement the agreement and respond appropriately to student behavior;
- Create a complaint procedure through which families can file a complaint with the district regarding the use of seclusion or restraint;
- Offer counseling and compensatory education services to students with disabilities who were subjected to the district’s discriminatory practices; and
- Appoint an Intervention Coordinator to ensure the district’s compliance with the agreement and Title II of the ADA.
Enforcement of Title II of the ADA is a priority of the Civil Rights Division. This agreement is the most recent in a series of division settlements to address and prevent unlawful seclusion and restraint of students with disabilities in public schools. On Feb. 16, for example, the division reached a settlement with the Anchorage School District in Alaska to address the discriminatory use of seclusion and restraint against students with disabilities. The division reached similar agreements in December 2022 with the Okaloosa County School District in Florida, in September 2022 with the Cedar Rapids Community School District in Iowa, in December 2021 with the Frederick Public School District in Maryland and in December 2020 with the North Gibson School Corporation in Indiana.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the Educational Opportunities Section’s work is available at www.justice.gov/crt/educational-opportunities-section. To learn more about the section’s work under the ADA to combat improper seclusion in schools, visit this website: www.justice.gov/schoolseclusion.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.