Dr. Miguel Cardona Secretary of Education | Official Website
The U.S. Department of Education's Office for Civil Rights (OCR) has reached a resolution agreement with the St. Johns County School District in Florida to address concerns regarding restraint policies and practices affecting students with disabilities. This agreement aims to ensure that these practices do not infringe upon the students' right to a free appropriate public education (FAPE).
OCR's review raised significant compliance issues related to the district's obligations under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act of 1990. Despite having clear policies prohibiting seclusion and limiting restraint to emergencies, OCR identified high rates of restraint use among students with disabilities in the district.
During the review period, one student was restrained 126 times, another 120 times, a third 84 times, and a fourth 77 times over two school years. In total, during the 2018-19 school year, 153 students were restrained 1,711 times; in the previous year, 132 students were restrained on 954 occasions. Notably, one incident involved restraining a student for nearly six hours.
The district reportedly did not consistently re-evaluate or assess whether educational services provided after restraints were adequate as required by federal law. For instance, there was no evidence that an Individualized Education Plan (IEP) team discussed necessary services after one student experienced multiple restraints.
Moreover, OCR found inconsistencies in recordkeeping related to restraint usage within the district, complicating efforts to evaluate civil rights compliance accurately. However, there were no reported incidents of student seclusion during this period.
In response to these findings and as part of the resolution agreement:
- The district will convene IEP or Section 504 teams for affected students from past years to evaluate current interventions and supports.
- Policies on restraint and seclusion will be revised.
- A monitoring program will be implemented or adjusted for monthly assessments.
- Staff training will be provided.
- Processes will be developed for accurate record maintenance.
"St. Johns County School District has committed to steps necessary to ensure protection of civil rights for students with disabilities when the district subjects them to restraint," stated Assistant Secretary for Civil Rights Catherine E. Lhamon. "OCR will carefully monitor district practices going forward."
Details on this resolution can be found on OCR's website.
