Background: We received no response from the Jordan School District to our initial letter, which was sent on November 27th, 2023. The Board President did, however, respond to a letter sent by a parent, which we were copied on. In the letter, the Board President told the parent that the Jordan School District follows state law and direction from the Utah State Board of Education on seclusionary time out. We responded with a second letter, which is below, on December 22nd, 2023, but we have not received a response to date.

Board President Miller, 

I appreciate that you took the time to respond to Ms. Deverall’s email. Ms. Deverall raised serious concerns about the district’s use of seclusion and restraint. 

Your response to Ms. Deverall’s email was that you spoke to the Superintendent and Director of Special Education, who assured you that the Jordan School District follows state law and direction from the Utah State Board of Education on seclusionary time out. 

You assured Ms. Deverall that the Jordan School District follows the policy that states that seclusionary time out may only be used when a student presents an immediate danger of serious physical harm to self or others. As I mentioned in my previous email, that is a high bar. Imminent, serious, physical harm has the same meaning as serious bodily injury as used in the Individuals with Disabilities Education Act (IDEA) and federal law. It means bodily injury that involves:

• A substantial risk of death;
• Extreme physical pain;
• Protracted and obvious disfigurement; or
• Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

In my experience, children are most often restrained and secluded for noncompliance, disrespect, and minor behaviors. When we find a child who is being physically restrained and secluded, it is most often a signal that their individual needs are not being appropriately met. Knowing that by state law, restraint and seclusion should only be used in situations that involve imminent serious physical harm means they should only ever be used in potentially life-threatening situations. 

In 2017, your district reported over 750 combined instances of restraint and seclusion. This would mean that there were over 750 potentially life-threatening situations that occurred in your schools during that school year. If that were true, it should raise some serious warning flags for you and your colleagues. 

The truth is that many districts like yours report that they are following state laws when they are not. It often occurs because staff don’t truly understand what the state laws say in regard to restraint and seclusion. Staff often restrain and seclude children for behavior that may be unsafe, but it is not, in fact, potentially life-threatening. 

If you were to examine your data, which I would recommend, you would find that children with disabilities, Black and brown children, and children with a trauma history are far more likely to be restrained and secluded. You would also find that very young children (5, 6, and 7 years old) are most frequently restrained and secluded.

At some point, you have to ask the question of how often a 5-year-old disabled student puts themselves or others in a potentially life-threatening situation; this should be a rare occurrence.

We have heard many school districts report that they are following the law in response to concerns about the use of restraint and seclusion. However, in countless media investigations, their claims do not hold up. In 2019, schools in Illinois claimed to follow the law until a series of investigative articles by the Chicago Tribune and ProPublica showed otherwise. A recent series of stories from Hearst Media found that schools in New York, Connecticut, and Michigan were inappropriately restraining and secluding children. Inside Edition recently covered the issue as well, highlighting the serious concerns about the use of seclusion and restraint in schools across the nation. 

The United States Department of Justice has been investigating the use of restraint and seclusion in schools across the nation. Again, districts that claim to be following the law have been found to unnecessarily and repeatedly seclude and restrain students as young as five years old in violation of Title II of the Americans with Disabilities Act (ADA). These investigations have resulted in serious settlement agreements that require districts to stop using seclusion and reduce the use of restraint. Anyone in your district who has been impacted by restraint and seclusion usage can file a report with the Department of Justice. A federal investigation can be avoided, but you need to take these concerns seriously.

I would encourage you and the board to be proactive. Take time and review the data and incident reports on the use of restraint and seclusion throughout the district. After reviewing these reports, if you find that every instance of restraint and seclusion occurred due to potentially life-threatening situations, perhaps you are following the law, but this is highly unlikely in our experience. If you believe the district complies with relevant state laws, you must ask why you have so many dangerous situations in your schools.

If you find, as I believe you will, that restraint and seclusion are being used in ways that violate state laws and the civil rights of students, it is time to take action. 

We encourage you to revise your restraint and seclusion policy and prohibit the use of seclusion. We encourage you to consider training that can be provided for teachers and staff in the district to eliminate seclusion and reduce the use of restraint. We have found that districts that eliminate seclusion and reduce the use of restraint have improved outcomes, including fewer injuries, less staff turnover, and increased staff satisfaction. 

We would be happy to meet with you and others at Jordan School District to share our experience in supporting your work to address this critical issue. We look forward to your response.

Respectfully,

Guy Stephens

Founder and Executive Director
Alliance Against Seclusion and Restraint
Cc: Superintendent Dr. Anthony Godfrey