WASHINGTON – Today, the Justice Department (“the Department”) notified the Special School District of St. Louis, Missouri (“the District”) that it found the District’s seclusion and restraint practices violate Title II of the Americans with Disabilities Act. After a twenty-one month investigation, the Department concluded that the District discriminates against students with disabilities by routinely subjecting them to ineffective seclusion practices that are highly susceptible to abuse and restraints without justification, rather than providing the interventions and supports they need to receive the education they are guaranteed by federal law.
During the two-year period covered by the investigation, the District secluded over 300 students almost 4,000 times and restrained almost 150 students 777 times. One District school that enrolled less than 100 students used seclusion 1,667 times. Every student who attended that school was secluded or restrained at least once during the investigative period. At another school a student spent 101 hours, or the equivalent of 17 school days, in seclusion during a single school year.
“The Justice Department will not tolerate the abuse of our most vulnerable students,” said Assistant Attorney General Harmeet K. Dhillon of the Department’s Civil Rights Division. “Parents should not have to worry that their children could be subjected to solitary confinement and dangerous restraint techniques at school because of their disabilities. This Civil Rights Division will put an end to these unlawful practices everywhere we find them.”
These numbers demonstrate that the use of restraint and seclusion is routine, not a crisis response to be used in rare emergencies that pose a safety threat—the only time they are allowed under Missouri law. For example, students were secluded for knocking over a teacher’s coffee, refusing to go into music class, or being “disrespectful.” The Department also found that the District routinely uses seclusion in cases where students engage in self-harm and other concerning behaviors, putting students at serious risk of physical and mental harm. The full findings letter can be found here.
The Department is hopeful the District will agree to the reforms needed to remedy these gross violations of federal law. To that end, the Department has proposed a settlement agreement to the District in conjunction with issuing its findings.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the Civil Rights Division’s Educational Opportunities Section’s work to combat disability discrimination including by improper seclusion and restraint is available at www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
