The Alliance Against Seclusion and Restraint welcomes the recent announcement by the U.S. Department of Justice’s Educational Opportunities Section regarding its investigation and settlement agreement with the Montcalm Area Intermediate School District (MAISD) in Michigan. This development is a powerful signal that there are those in the federal government who remain committed to protecting the rights and safety of our nation’s most vulnerable students, even amid recent changes within the Department of Justice.

In a press release announcing the settlement agreement, Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division said, “Students with disabilities should never be discriminated against by experiencing the trauma of seclusion or improper restraint.”

Why the Investigation Was Launched

In March 2023, the U.S. Department of Justice notified MAISD that it had opened an investigation to determine whether the District’s seclusion and restraint practices deny students with disabilities access to the District’s programs and services in violation of Title II of the Americans with Disabilities Act. The investigation found that MAISD discriminated against students with disabilities by denying them equal access to educational programs and failing to make reasonable modifications to avoid disability discrimination.

The DOJ concluded that these practices not only deprived students of educational opportunities but also put their safety and well-being at risk. While MAISD denies the allegations of discrimination, it agreed to the settlement agreement because the District wishes to avoid the costs, time burdens, and risks of further legal proceedings. The District also acknowledged that it believes that programmatic changes included in the agreement are in the best interest of the students educated by the District.

Key Outcomes of the Settlement Agreement

The settlement agreement, signed in July 2025, establishes a comprehensive framework to reform the District’s practices and ensure compliance with federal law. Notable provisions include:

• Prohibition of Seclusion: MAISD will no longer use seclusion under any circumstances. All seclusion rooms will be closed, and no new rooms will be constructed for this purpose. Staff and partner districts have been notified of this immediate change.
• Strict Limits on Restraint: Physical restraint is now strictly limited to situations where a student’s behavior poses an imminent risk of serious physical harm. Restraint cannot be used for discipline, property destruction (unless there is imminent risk), staff convenience, or as a substitute for appropriate educational support. Only trained staff may use approved restraint techniques, and all incidents must be thoroughly documented and reviewed.
• Robust Documentation and Oversight: Every incident involving restraint must be reported in detail, including the context, de-escalation attempts, and outcomes. A newly appointed Intervention Coordinator will review all incidents, ensure compliance, and oversee corrective actions as needed.
• Behavioral Support Plans: The District must conduct Functional Behavioral Assessments (FBAs) and develop individualized Behavior Intervention Plans (BIPs) for students subjected to restraint or seclusion, ensuring that interventions are evidence-based and tailored to each child’s needs.
• Compensatory Education: Students who were unnecessarily restrained or secluded will receive educational benefit review meetings to determine if they are entitled to compensatory education or other remedial services, such as counseling.
• Family and Community Engagement: Parents and guardians will be notified of the agreement, informed of their rights, and provided with summaries of classroom management plans. The District will also establish a clear complaint process for families and staff.
• Mandatory Training: All staff, including bus drivers and aides, will receive annual training on de-escalation, behavior supports, and federal disability rights law. Training materials and attendance will be tracked and reported to the DOJ.
• Ongoing Monitoring: The DOJ will monitor compliance for at least two school years, with regular reporting requirements and the authority to take enforcement action if the District fails to meet its obligations.

Another aspect of the settlement agreement worth highlighting is how the Department of Justice defines seclusion.

“Seclusion” refers to the involuntary confinement of a student in any room or area, from which the student may not leave or are blocked from leaving (including if they are told they may not leave) regardless of its name (including “safety room,” “chill area,” “chill zone,” “calming room,” “break room,” “quiet room,” or “regulation room”). This includes seclusion through the use of soft blocking materials. It does not include a student’s voluntary use of a quiet space for self-calming, or the temporary and voluntary removal of a student from their regular instructional area to an unlocked area from which they are free to leave with a staff member for purposes of carrying out an appropriate positive behavior intervention plan. Seclusion also does not include a timeout, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, is implemented for the purpose of calming, and from which the student is free to leave at any time. Nor does seclusion include supervised in-school detentions or out-of-school suspensions.

The settlement agreement’s definition of seclusion addresses several critical issues that have historically allowed harmful practices to persist in schools. First, it makes clear that seclusion is not limited by the name of the space—whether it is called a “safety room,” “chill area,” “calming room,” or any other label, the determining factor is whether a student is confined to a room or area, blocked from leaving or is told they cannot leave. This clarity is essential because districts have too often attempted to rebrand seclusion spaces to evade accountability, but the agreement firmly closes that loophole.

Notably, the settlement also recognizes that using soft blocking materials, such as mats or pads, to prevent a student from leaving can constitute seclusion, not just shut doors or stationary physical barriers. By explicitly including these practices, the agreement ensures that all forms of involuntary confinement are prohibited, regardless of how benign or therapeutic they may be portrayed. These definitions are vital because they protect students from the trauma of being isolated against their will and prevent schools from circumventing the intent of the law through semantics or superficial changes to the environment.

A Sign of Continued Federal Commitment

This settlement comes at a crucial time. Earlier this year, the Alliance expressed concerns about the loss of key civil rights protections for students with disabilities following leadership changes at the DOJ’s Civil Rights Division. The Montcalm agreement is a clear and encouraging sign that the Department’s work in this area is ongoing and that protecting children from harmful and discriminatory practices remains a federal priority.

We are especially heartened by the DOJ’s explicit recognition that students with disabilities are disproportionately subjected to seclusion and restraint, and that these practices can cause lasting trauma and educational harm. The prohibition on the use of seclusion aligns with our mission and work to eliminate this harmful practice. The comprehensive nature of this agreement sets a strong precedent for other districts nationwide.

Gratitude and Hope for the Future

We extend our sincere gratitude to the dedicated professionals within the DOJ who continue to champion the rights of vulnerable children. Their persistence and commitment give us hope that the federal government will continue to fulfill its responsibility to ensure safe, inclusive, and equitable educational environments for all students.

The Alliance Against Seclusion and Restraint will continue to monitor developments and advocate for the elimination of seclusion and significant reduction of restraint practices in schools across the country. We encourage families, educators, and advocates to remain vigilant and engaged as we work together to protect every child’s right to learn in safety and dignity.