Enforcement Updates

On June 27, 2025, the Educational Opportunities Section and the United States Attorney’s Office for the Western District of Michigan entered into a settlement agreement with the Montcalm Area Intermediate School District in Montcalm County, Michigan to address the discriminatory use of seclusion and restraint against students with disabilities and to keep children safe. Under the agreement, the district will, among other steps: eliminate the use of seclusion; restrain students only when their behavior poses an imminent danger of serious physical harm to the student or another person, properly document all restraints, and provide students who are restrained or secluded with required interventions; ensure that only professionals with the requisite expertise and training restrain students with disabilities, and only when absolutely necessary; and review and modify as necessary the individualized education plans of students with disabilities who have been secluded or restrained. For more information, please see this press release.

On May 16, 2025, the Section notified the Frederick County Public School District in Frederick County, Maryland, that it had concluded monitoring the December 1, 2021, settlement agreement to address the discriminatory use of seclusion and restraint against students with disabilities. In compliance with the settlement agreement, the district prohibited the use of seclusion; implemented a process to document all instances of restraint and evaluate whether they were justified; designated trained staff to collect and analyze restraint data and oversee the creation of appropriate behavior intervention plans; delivered appropriate training and resources to help schools implement the agreement; designed and implemented procedures for handling complaints about restraint; offered counseling and compensatory education services to students with disabilities who were subjected to the district’s discriminatory practices; and hired an administrator to supervise school-based staff and ensure the district’s compliance with the agreement and Title II of the ADA. For more information, please see this letter, press release, and summary of settlement agreement.

On September 5, 2024, the Section notified the North Gibson School Corporation in Princeton, Indiana that it had concluded monitoring the December 31, 2020 settlement agreement to address and prevent the discriminatory seclusion and restraint of students with disabilities.  The closure letter described the school district’s compliance with the settlement agreement, including ending the practice of secluding students and significantly reducing the use of restraint.  Through its implementation of the remedial measures in the settlement agreement, the district also improved its response to student behavior through interventions, supports, and de-escalation techniques, thereby preventing the occurrence of crisis situations that might lead to a restraint.  The school district had also provided all required trainings, and developed a complaint policy and used that policy to respond to concerns raised by parents/guardians, among other things.  For more information about the investigation and the settlement agreement, please see this press release.

On April 17, 2023, the Section entered into a settlement agreement with the Spokane Public Schools in Spokane, Washington to address the discriminatory use of seclusion and restraint against students with disabilities.  The agreement followed an investigation conducted under Title II of the Americans with Disabilities Act (ADA) into complaints that the school district inappropriately secluded and restrained children with disabilities and failed to use appropriate behavior interventions.  Under the settlement agreement, the school district will take proactive steps to ensure that its practices do not discriminate against students on the basis of disability. The district will, among other steps: prohibit the use of seclusion; limit the use of restraint; document and report all instances of seclusion and restraint; appoint a district-level administrator to review all incidents of seclusion and restraint to ensure proper follow-up occurs; create classroom-wide Behavior Management Plans for its programs serving students with high-intensity behaviors that are based on data analysis and that promote and reinforce positive behaviors; provide copies of and explain classroom plans to parents and guardians; develop a complaint procedure and respond in a timely fashion to all complaints regarding the use of restraint or seclusion; offer counseling and compensatory education services to students with disabilities who were subjected to the district’s discriminatory practices; deliver appropriate training and resources to help schools implement the agreement; and ensure the district’s compliance with the agreement and Title II of the ADA. For more information, please see this letter, press release, and summary of settlement agreement.

On February 16, 2023, the Section entered into a settlement agreement with the Anchorage School District in Anchorage, Alaska to address the discriminatory use of seclusion and restraint against students with disabilities. The agreement followed an investigation conducted under Title II of the Americans with Disabilities Act (ADA) based on allegations that the district engaged in improper restraint and seclusion practices in its specialized schools and programs for students with emotional and behavioral disabilities. Under the settlement agreement, the district will take proactive steps to ensure that its practices do not discriminate against students with disabilities. The district will, among other things: prohibit the use of seclusion; limit the use of restraint; document and review all instances of restraint and ensure they were justified; hire a district-level administrator to review incidents and ensure the district’s compliance with the agreement and Title II of the ADA; create classroom-wide behavior management plans to discourage restraint and promote positive behaviors; revise its complaint form to ensure it can receive complaints related to restraint and seclusion; provide training and professional development for all teachers and instructional staff at its schools and programs for students with disabilities; notify parents and guardians of all instances of restraint and seclusion; and offer compensatory counseling or education services to students with disabilities who were subjected to the district’s discriminatory practices. For more information, please see this letter, press release, and summary of the agreement. 

On December 20, 2022, the Section entered into a settlement agreement with the Okaloosa County School District in Fort Walton Beach, Florida to address the discriminatory use of seclusion and restraint against students with disabilities and the district’s responses to allegations of physical and verbal abuse. The agreement followed an investigation conducted under Title II of the Americans with Disabilities Act (ADA) based on allegations that the school district engaged in improper seclusion and restraint practices and failed to appropriately respond to known physical and verbal abuse of students. Under the settlement agreement, the school district will take proactive steps to ensure that its practices do not discriminate against students with disabilities. The district will, among other steps: continue to prohibit the use of seclusion; limit its use of restraint; clarify and improve crisis response team procedures and post-restraint procedures; report all instances of restraint and evaluate if they were justified and complied with district policy; reform district complaint procedures and improve internal district investigations into allegations of employee abuse or improper use of restraint or seclusion; develop and deliver appropriate trainings for personnel who restrain students and personnel who review restraint reports; and deliver appropriate training and resources to help schools implement the agreement. For more information, please see this letter and press release.

On September 12, 2022, the Section entered into a settlement agreement with the Cedar Rapids Community School District in Cedar Rapids, Iowa to address the discriminatory use of seclusion and restraint against students with disabilities. The agreement followed an investigation conducted under Title II of the Americans with Disabilities Act (ADA) based on allegations that the school district engaged in improper seclusion and restraint practices. Under the settlement agreement, the school district will take proactive steps to ensure that its practices do not discriminate against students with disabilities. The district will, among other steps: end its use of seclusion; limit its use of restraint, revise its restraint procedures and practices, and consistently implement those procedures and practices in all schools; report all instances of restraint and evaluate if they were justified; offer counseling and other services to students who are restrained; adopt policies and procedures to assess suicide risk, prevent suicide and self-harm, and implement immediate crisis intervention for students who threaten or engage in self-harm; 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; and hire two new administrators to oversee schools’ use of restraint and ensure the district’s compliance with the agreement and Title II of the ADA. For more information, please see this letter, press release, and summary of settlement agreement.

On October 19, 2020, the Section notified Covington Independent Public Schools that it had concluded monitoring of the January 18, 2017, settlement agreement to ensure the District does not discriminate on the basis of disability in its policies and practices. The settlement agreement, among other things, eliminated the use of seclusion and isolation rooms; limited the use of restraints to only situations where there is an imminent danger to the physical safety of the student or others; and trained administrators and teachers on how to provide all students with effective interventions and supports.