DOJ Finds Discrimination in St. Louis Schools

The U.S. Department of Justice found that the Special School District of St. Louis's use of seclusion and restraint discriminates against students with disabilities, violating federal law. The findings signal heightened federal scrutiny of exclusionary discipline practices. The DOJ emphasized the legal imperative for schools to use positive, non-coercive behavioral supports.

- The investigation, which covered the 2022-23 and 2023-24 school years, found that the district secluded over 300 students nearly 4,000 times and restrained almost 150 students 777 times. At one school with fewer than 100 students, every single student was secluded or restrained at least once during that period. - Federal investigators found that seclusion and restraint were used for non-dangerous behaviors that did not pose a safety threat, such as a second-grader knocking over a teacher's coffee or refusing to go to music class. This violates Missouri state law, which permits these practices only when there is an imminent danger of physical harm. - The Department of Justice has entered into similar settlement agreements to end or reform seclusion and restraint practices in other school districts across the country, including in Anchorage, Alaska; Spokane, Washington; and districts in Michigan, Florida, Iowa, and Maryland. - As an alternative to punitive measures, the DOJ advocates for approaches like Dr. Ross Greene's Collaborative & Proactive Solutions (CPS) model. This non-adversarial, trauma-informed model focuses on identifying a student's lagging skills and unsolved problems and then working with the student to find mutually agreeable solutions. - Neurodiversity-affirming strategies focus on understanding the root causes of behavior and supporting emotional regulation. This can include creating sensory-friendly spaces, providing predictable routines and visual schedules, and teaching self-advocacy skills so students can communicate their needs. - For students with executive function challenges, neurodiversity-affirming approaches include breaking down tasks into smaller steps, using visual aids and graphic organizers, and allowing for movement breaks to help with focus and regulation. - The Special School District's superintendent, Michael Maclin, issued a statement saying the district takes the concerns seriously and is committed to practices that "support students' safety, learning, and dignity." The DOJ has given the district the opportunity to negotiate a settlement to come into compliance with the law and avoid a lawsuit. - A local advocacy group, Paraquad, responded to the findings by stating that while they value their partnership with the district, practices must align with the legal and human rights of students with disabilities.

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