Disability Discrimination: Discipline, Restraint, and Seclusion

Data from the Civil Rights Data Collection (CRDC) illustrate that students with disabilities (served by IDEA) are treated far more harshly than their peers without disabilities; for example, they are twice as likely to receive an out-of-school suspension (13%) as are students without disabilities (6%). Moreover, students with disabilities represent 12% of students in public schools but 58% of students placed in seclusion or involuntary confinement. They are also 75% of students physically restrained at school and make up 25% of students arrested and referred to law enforcement.

Resolution agreements in Section 504 discipline cases have included remedies requiring the institution to develop a protocol to ensure that manifestation determination reviews (MDR protocol) occur as required by Section 504, provide training to school and district staff, and monitor the implementation of the MDR protocol. Remedies in cases of inappropriate restraint or seclusion include implementation of new policies, dissemination of policies to staff and parents, and training for staff on these policies. Additionally, compensatory educational services may also be required, especially in cases where the student missed class time as a result of the action. OCR closely reviews proposed remedies in such cases to make the determination whether or not compensatory services are necessary.