Special Education

Initiative Tightens Scrutiny on Restraint, Seclusion in Spec. Ed.

By Christina A. Samuels — January 23, 2019 4 min read
  • Save to favorites
  • Print

The U.S. Department of Education’s offices for civil rights and for special education and rehabilitative services are teaming up to “address the inappropriate use of restraint and seclusion” on students with disabilities.

On Jan. 17, the agencies outlined three areas that they will focus on: conducting compliance reviews of school districts; providing resources on the law and on interventions that could “reduce the need for less effective and potentially dangerous practices"; and improving data collection on the use of restraint and seclusion.

“This initiative will not only allow us to support children with disabilities, but will also provide technical assistance to help meet the professional learning needs of those within the system serving students,” Education Secretary Betsy DeVos said in a statement. “The only way to ensure the success of all children with disabilities is to meet the needs of each child with a disability. This initiative furthers that important mission.”

Students with disabilities make up about 12 percent of the overall student population, but they comprise 71 percent of the students who are restrained in school and 66 percent of those who are secluded, based on records from the 2015-16 school year from the department’s civil rights office.

Incidents Draw Attention

Elizabeth Hill, a spokeswoman for the Education Department, said the focus on the issue was driven by an increase in the number of reported restraint and seclusion cases. For example, in the 2015-16 school year, about 122,000 students nationwide were reported to be restrained or secluded or both, up from nearly 70,000 students reported to the department from the 2013-14 school year.

There have also been a number of news reports on restraint and seclusion, Hill said. In one recent case, a 13-year-old California student with autism, Max Benson, died at his private school in suburban Sacramento after being held in a prone restraint for nearly an hour. An investigation of the school, which enrolls students referred there by their public district, found that the school was using restraints for “predictable behavior” and for longer than necessary.

The department plans to use data, news reports, and information from students, parents, advocacy groups, and community organizations to drive its compliance reviews, Hill said. Such reviews do not mean that there has been a violation of federal law, however.

The focus on data collection also comes in the wake of several news stories about “inconsistencies and anomalies” in seclusion and restraint data, which is collected each year by the office for civil rights. For example, an Education Week analysis of restraint and seclusion for the 2013-14 school year found that nearly 80 percent of school districts reported no instances of the practices, including the 1 million-student New York City district and the 360,000-student Chicago district.

The civil rights office “will conduct data quality reviews to ensure the accuracy of data. This includes working directly with districts to provide information and technical assistance to ensure that districts are not only aware of reporting obligations, but have the technical support to develop mechanisms that provide for accurate reporting,” Hill said.

An advocacy group said that restraint and seclusion needs focused attention.

“We didn’t know [the announcement] was coming, but certainly we’ve been hammering the issue for a long time,” said Denise Marshall, the executive director of the Council of Parent Advocates and Attorneys.

Of particular importance, Marshall said, was getting solid numbers on the usage of restraint and seclusion.

“We are proponents of data, and we absolutely believe it’s important,” Marshall said. “But what good is it if you don’t use it for trends? If you’re not going to do any kind of drill down or investigation, then you’re not going to see the change that you need.”

The National Center for Special Education in Charter Schools said it supported the department’s proposed actions.

“Restraint and seclusion are dangerous practices that cause students trauma and have resulted in injury, and even death. School personnel can also be injured when imposing restraint and seclusion. Though the use of restraint and seclusion is widespread, national data indicates that students with disabilities are roughly 20 times more likely than their peers without disabilities to be restrained and/or secluded. All of our nation’s students deserve better,” said Lauren Morando Rhim, the organization’s executive director, in a statement.

Guiding Principles

In 2012, the Education Department released a document that provided 15 principles school leaders should consider when developing restraint and seclusion policies. The nonbinding document said that restraint and seclusion should only be used when a student is in imminent danger of hurting himself or others, that restraint and seclusion should not be used as a punishment, and that teachers and other staff members should be trained in effective alternatives, among other suggestions.

In 2010, the House of Representatives passed a bill that would have outlawed restraint and seclusion, but a similar measure died in the Senate that year.

A version of this article appeared in the January 23, 2019 edition of Education Week as Initiative Tightens Scrutiny on Restraint, Seclusion in Spec. Ed.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Exposure to Experience: Designing Accessible Work-Based Learning
Learn how schools can create meaningful experiences that help every student build skills, connections, and a clearer path to their future.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
A Tale of Two School Districts: Forecasting Enrollment
Forecasting enrollment is hard. Here’s how two different districts are navigating times of change with data that considers the whole picture.
Content provided by Zonda Education
Reading & Literacy K-12 Essentials Forum Strategies to Create a Culture of Reading in Schools
Join this free virtual event to learn how teachers and school district leaders ensure students are reading enough.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education How AI Tools Halved This District's IEP Prep Time
Using AI in special education requires thoughtful training and privacy protections, experts say.
8 min read
Preschool teacher Melissa Mowbray works with AI on her laptop at Academic Magnet High School during the Charleston County School District Charleston Educator Symposium on July 22, 2026 in North Charleston, S.C.
Preschool teacher Melissa Mowbray works with artificial intelligence on her laptop at Academic Magnet High School during the Charleston County School District's Charleston Educator Symposium on July 22, 2026 in North Charleston, S.C. Some school districts are employing AI to help craft special education students' individualized education programs, but experts warn that doing so could run afoul of student privacy laws without the proper guardrails.
Mic Smith/AP
Special Education Q&A How New Federal Guidance on Disability Could Impact K-12 Special Education
New federal DOJ guidance deemphasizing independent living skills could affect special education transition plans.
4 min read
Elaine Wilson, left, and Lois Curtis are shown in this April 10, 1999 file photo. States may have to place people with mental disabilities in homelike settings if they can fare just as well there as in state hospitals, the Supreme Court said Tuesday, June 22, 1999. The decision did not provide the final word in the legal battle of the two Georgia women who sued Georgia to get out of a state mental hospital in Atlanta. Elaine Wilson and Lois Curtis had been approved for community-based care but faced long waiting lists. Now in group homes, both women attended the Supreme Court arguments for their case in April.
Plaintiffs Elaine Wilson and Lois Curtis, shown here on April 10, 1999, during their Supreme Court battle, were the two Georgia women whose lawsuit established the landmark <i>Olmstead</i> decision requiring community-based care for adults with disabilities. The U.S. Department of Justice in July issued new guidance that said it will no longer rely upon the <i>Olmstead</i> decision in its enforcement of the Americans with Disabilities Act.
John Bazemore/AP
Special Education Little Chefs, Big Gains: Students With Disabilities Cook Toward Independence
Cooking helps the elementary students learn counting, build fine motor skills, and practice emotional regulation.
3 min read
Students get waffle mix for a chicken and Waffles cooking day in the classroom of Gabrielle Carpenter at the Daniel Webster School in Indianapolis, Friday, Oct. 2, 2026.
Students prepare waffle mix in Gabrielle Carpenter's special education classroom on Oct. 2, 2026, at Daniel Webster School 46 in Indianapolis. Carpenter uses the biweekly cooking lessons to teach the students independence, along with skills like counting and measuring.
AJ Mast for Education Week
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Whitepaper
Supporting Students With Dyslexia: A Practical Guide
Explore research-informed approaches to dyslexia support, from early recognition and accessible learning to literacy instruction, MTSS an...
Content provided by Everway