Schools must abide by certain federal laws, which are designed to protect students from discrimination. Recently, Virginia's Southeastern Cooperative Educational Programs became the subject of a federal investigation that questioned whether or not the program was abiding by Section 504 of the American Disabilities Act. As reported, the cooperative program was developed in the 1970s with the intent of providing educational opportunities to students with disabilities that include autism, emotional disabilities, and behavioral issues.

Due to the unique nature of the cooperative program, its discipline of these students may have violated Section 504, which specifically seeks to prohibit disability-based discrimination.

Federal Findings Implicate School Procedure

The Office for Civil Rights (OCR) performed a long-term investigation of the Virginia program, and although it didn't ultimately determine violation, it has required the cooperative program to change its procedures.

While the OCR provides a certain amount of oversight, it can't be everywhere at once. It's up to parents and the community at large to hold schools accountable when it appears a Section 504 violation may be occurring.

The Problem With School Restraint and Seclusion Practices

Unfortunately, programs designed to handle students with disabilities, like the cooperative program in Virginia, can be flawed. The disabilities described above can manifest in scenarios where the student “acts out” and requires restraint or seclusion. The problem is these students can be predisposed to this behavior through no fault of their own, and they fall victim to countless repeated restraints and seclusions. They ultimately lose out on educational opportunities that their program is specifically designed to help them with. It's a catch-22.

In addition to adhering to individual education plans for students with disabilities, schools should ensure the following minimum standards when implementing their restraint and seclusion practices:

• Provide a clear process outlining when a student's behavior will result in restraint and seclusion.
• Create clear recordkeeping procedures that also inform parents when and why their child might have been subjected to restraint and seclusion.
• Make sure school staff and educators are up to speed on all procedures and requirements involving restraint and seclusion practices.
• Provide a retroactive examination of students who've been subjected to former restraint and seclusion practices to determine whether those students might need supplemental attention to compensate for missed opportunities.

If your child has been subject to restraint or seclusion practices, and you're concerned it violates your child's rights, you should speak to a National Education Attorney-Advisor today. It's important to speak up when you suspect a school is acting inappropriately.

Speak With a Nationwide Education Attorney-Advisor

Experienced Education Lawyer Joseph D. Lento takes pride in protecting students from abuse and discrimination. If you're worried your child is suffering at school, reach out to Attorney-Advisor Lento and his dedicated Education Law Team at the Lento Law Firm. Call 888-535-3686 today, or contact them online.