Justice Department Secures Agreement Reforming Michigan School District’s Seclusion and Restraint Practices

Today, the Justice Department announced that it reached an agreement with a Michigan school district to address the discriminatory use of seclusion and restraint against students with disabilities, in violation of Title II of the Americans with Disabilities Act (ADA). Under the settlement agreement, the Montcalm Area Intermediate School District will end the use of seclusion, reform its restraint practices, and improve special education services for students with disabilities.

During the period covered by the investigation, with which the school district fully cooperated, students with disabilities were secluded and/or restrained on more than 2,400 occasions. The Department’s investigation also revealed that the district used seclusion and restraint improperly, including using emergency crisis responses as punishment for normal classroom discipline issues.

“Students with disabilities should never be discriminated against by experiencing the trauma of seclusion or improper restraint,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “Parents have the right to expect that the school systems they entrust with educating their children do not instead punish their children for having a disability.”

“This school district serves the most vulnerable Michigan students, young children with disabilities,” said Acting U.S. Attorney Alexis M. Sanford for the Western District of Michigan. “I commend them for entering into this settlement agreement to provide their students with the care and services they need to get the education they deserve.”   

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the Civil Rights Division’s Educational Opportunities Section’s work to combat disability discrimination including by improper seclusion and restraint is available at www.justice.gov/crt/educational-opportunities-section.

Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.