I have some great news to share. Many of you may have noticed that the Department of Justice (DOJ) removed webpages related to the improper use of seclusion earlier this year. You might have wondered what this meant and whether this critical work would remain a priority. Today, I learned that the webpages related to the improper use of seclusion have been updated and restored. Additionally, recently, the DOJ announced a settlement agreement with the Montcalm Area Intermediate School District in Montcalm County, Michigan. This settlement addressed the discriminatory use of seclusion and restraint against students with disabilities and resulted in an agreement to end the use of seclusion in the district. The recent settlement agreement and the restoration of the webpages are welcome news and a strong indication that the critical work the Department of Justice has been doing in recent years to combat the improper use of seclusion and restraint remains an important priority.

If you are not familiar with the section of the Department of Justice’s website that focuses on the improper use of seclusion, we recommend checking it out. It provides a wealth of information that can be valuable to families, advocates, attorneys, and education leaders. The site includes information about the Educational Opportunities Section (EOS) of the Civil Rights Division within the Department of Justice, highlighting its efforts to combat the improper seclusion of students with disabilities in schools through vigorous enforcement of the Americans with Disabilities Act. The site also shares stories from families affected by the use of physical restraint and seclusion, as well as a comprehensive section on past enforcement actions and investigations.

The site also provides, what I believe to be, a critical clarification of the definition of seclusion. The Department of Justice defines seclusion as the involuntary confinement of a student alone in any room or area. The definition specifies that seclusion includes the use of any room or area in which the student is alone and not free to leave (or believes they are not free to leave). According to the definition provided by the United States Department of Education’s Office for Civil Rights, seclusion is defined as the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. We believe that the addition of “or believes they are not free to leave” is critical, especially as we consider that children who are most often secluded are very young children with disabilities. Whether physically or verbally prevented from leaving a seclusion room or area, the impact is the same. The use of seclusion can lead to lifelong trauma.

The site also includes information related to what the DOJ can do in cases of improper seclusion and restraint. As explained on the website, the Educational Opportunities Section has the authority to enforce Title II of the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability by state and local entities, including schools. The section also enforces Section 504 of the Rehabilitation Act of 1973. Section 504 of the Rehabilitation Act prohibits the exclusion, denial of benefits, and discrimination against individuals with disabilities in programs or activities that receive federal funds. The site also provides a link to file a complaint if you believe that a child with a disability has been improperly secluded.

We are glad to see that this vital resource has been restored and updated. The website is a valuable resource in combating the improper use of seclusion and restraint. It is reassuring to know that the work of the Education Opportunities Section of the DOJ to end the use of improper seclusion remains an important priority. We appreciate the ongoing work of the attorneys and staff within the Education Opportunities Section who work tirelessly to end discriminatory practices and improve outcomes for children, educators, and families. We also encourage anyone aware of the improper use of seclusion and restraint to consider filing a complaint.

Photo of the Department of Justice: by ajay_suresh is licensed under CC BY 4.0