The Frederick County, Maryland, public schools will stop using seclusion as a disciplinary tactic, and change its practices on restraint, after reaching a settlement with federal authorities over accusations of discrimination against students with disabilities.
The office of the United States Attorney for Maryland and the Department of Justice鈥檚 Civil Rights Division said in a statement Wednesday that 鈥渢he school district unnecessarily and repeatedly secluded and restrained students as young as 5 years old in violation of Title II of the Americans with Disabilities Act.鈥�
The statement from federal authorities said that an investigation that started in October of last year and covered two and a half school years 鈥渞evealed thousands of incidents of seclusion and restraint.鈥� They said that while 10.8% of students in the district have disabilities, every student who was secluded, and all but one of those restrained, had disabilities.
Seclusion and restraint were used 鈥渋n non-emergency situations鈥� instead of appropriate interventions, the statement added.
鈥淓very child should feel safe and protected while in school,鈥� U.S. Attorney Erek L. Barron said in the statement. 鈥淲e appreciate Frederick County Public School District鈥檚 cooperation in the investigation and are pleased that the District has agreed to take comprehensive steps to ensure that students with disabilities receive equal educational opportunities.鈥�
鈥淲e cannot stand by and watch schools put children with disabilities in isolation thousands of times and call it public education,鈥� said Assistant Attorney General Kristen Clarke. 鈥淔rederick County Public Schools understand the significant work ahead under this agreement and we will ensure that they institute all the institutional reforms necessary to comply with the law.鈥�
Under the settlement, the school system will:
- Prohibit the use of seclusion;
- Report all instances of restraint and evaluate whether they were justified;
- Designate trained staff to collect and analyze restraint data and oversee the creation of appropriate behavior intervention plans;
- Deliver appropriate training and resources to help schools implement the agreement;
- Design and implement procedures for handling complaints about restraint;
- Offer compensatory education services to students with disabilities who were subjected to the district鈥檚 discriminatory practices; and
- Hire an administrator to supervise school-based staff and ensure the district鈥檚 compliance with the agreement and Title II of the Americans with Disabilities Act.
The school system said in a statement that the settlement came after 鈥渟everal months of working collaboratively鈥� with federal officials, and that the settlement 鈥渁ligns with the vision and work that FCPS has already begun.鈥�
The school district added, 鈥淥ver the past few years, we have been increasing the use of restorative practices across the district. Additionally, we provide additional professional training for staff who frequently use de-escalation strategies with students in crisis situations. We know that this type of training is critically important for all instructional staff as we respond to the increased need for trauma informed practices in our schools.鈥�
Last week, Virginia鈥檚 largest school district reached an agreement with disability rights organizations聽and students, which accused Fairfax County schools of unlawful restraint and seclusion practices.
