DOJ Finds St. Louis Schools Violated ADA

The Department of Justice's investigation, which spanned the 2022-23 and 2023-24 school years, uncovered what it termed a "shocking overuse of seclusion and restraint." Over this two-year period, more than 300 students were secluded nearly 4,000 times, and almost 150 students were restrained 777 times. Incidents leading to seclusion were often minor, such as a second-grader knocking over a teacher's coffee or another refusing to go to music class. In one case, a student was secluded for three and a half hours for drawing on a chair and "being disrespectful." One student at Northview High School was reportedly placed in seclusion 186 times in a single year, losing the equivalent of 17 school days of instructional time. The investigation found that at Litzsinger School, which enrolled fewer than 100 students, every student was subjected to seclusion or restraint at least once during the period investigated. The school used seclusion 1,667 times, and over 40% of its students were restrained. The DOJ also noted the use of dangerous supine restraints over 400 times across the district. The DOJ's findings letter documented more than 50 instances of students engaging in self-harm while in seclusion. Reports described students in seclusion rooms bleeding, urinating, vomiting, and defecating without staff intervention. Superintendent Michael Maclin stated that the district takes the concerns seriously and is working with legal counsel and the DOJ. The DOJ has proposed a settlement agreement to force compliance with the law. As a remedy, the DOJ has ordered the Special School District to end the use of seclusion and supine restraints entirely. Restraints are now only to be used when a student's behavior poses an imminent threat of physical harm. The district must also provide compensatory education and counseling services to the students affected. The district allegedly failed to fully cooperate with the 21-month investigation, only allowing DOJ officials to visit schools on weekends when no students or staff were present. The DOJ has indicated that if the district does not comply with the required changes, it may file a lawsuit to enforce the Americans with Disabilities Act.