The U.S. Department of Education defines physical restraints as a restriction that immobilizes or reduces the ability to move torso, arms, legs, or head freely. Because of the inherent dangers of physical restraints, their use is strictly regulated in most hospitals, prisons, and public law enforcement settings. Although students have died in…

In contrast with professional norms and best practices, the legal requirements for functional behavioral assessments (FBAs) and behavior intervention plans (BIPs) are meager in scope and specificity (Collins & Zirkel, 2017). Section 504 of the Rehabilitation Act makes no mention of FBAs or BIPs, and the Individuals with Disabilities Education…

Restraint and seclusion (R/S) are practices employed by schools to address severe student behavior. Although the use of R/S has been shown to have harmful impact for students, staff, and schools, there is no federal law that addresses its use in schools. A lack of a universal approach leaves each state to determine its own legislation and policy.…

This article summarizes Allen and Roberts's (2024) study on school psychologists' practices and perceptions regarding manifestation determination reviews (MDRs). It emphasizes the critical role of MDRs in protecting the rights of students with disabilities and highlights the challenges faced by school psychologists in this high-stakes process.

Despite the long-term negative outcomes associated with restraining and secluding students, these practices are frequently used in schools, with disproportionate use on students with disabilities. Based on recent guidance from the U.S. Justice Department's Civil Rights Division, misusing these practices violates student rights under the Americans…

In July 2022, the United States Department of Education Office for Civil Rights issued guidance on supporting students with disabilities and avoiding the discriminatory use of student discipline under Section 504 of the Rehabilitation Act of 1973. The purpose of this guidance is to remind schools of their obligations under the law specific to…

The Individuals With Disabilities Education Act requires schools to conduct a manifestation determination (MD) meeting when suspending students with disabilities for more than 10 days. The MD procedure is intended to safeguard educational access by providing a process to determine if a student's disability is related to the suspending behavior. An…

Students with disabilities (SWDs) are more likely to be suspended or expelled than their general education peers and more likely to be chronically absent. This study uses 5 years of student-level data for all Michigan special education students to examine the relationship between educational setting, absenteeism, and disciplinary outcomes. Using…

Rural school districts are unique educational settings requiring efficient use of resources. Barriers to high-quality educational practices in rural settings include the distance from professional development expertise and limited funding. To address these potential obstacles for implementing School-Wide Positive Behavioral Interventions and…

Disparate impact is the dubious approach to civil rights enforcement that claims that an entirely neutral policy that does not discriminate on its face, is not intended to discriminate, and does not actually treat individuals differently based on their race still constitutes illegal racial discrimination if it has a "disproportionate"…

In the last several years there have been multiple stories regarding the use of seclusion in schools in national news outlets (Blacker, 2012; Charis-Carlson, 2017; Hefling, 2012; Lichtenstein, 2012; National School Boards Association (NSBA), 2014; Nicosia, 2016; Richards, 2012; St. George, 2014; Tilotta, 2014). The Council for Children with…

This document records testimony from a hearing before the Committee on Education and Labor that was held to discuss the inappropriate use of seclusion and restraint practices in classrooms. The statements presented in this report discuss the Federal Government's role in protecting the health and safety of students and school staff. Member…

The use of seclusion and restraints on students with disabilities has been a major legal issue in recent years. Congress has repeatedly considered bills to limit and prohibit such use in K-12 schools, but the movement against such aversive procedures appears to have shifted to the state legislative level, with several states adding or…

This research provides a unique seven-year trend analysis indicating that, while California has seen a decline in the use of suspensions in schools prior to the pandemic, the pace of the decline has slowed and large racial disparities in suspension rates remain. The research supports renewed advocacy efforts to eliminate schools' use of security…

Among the most critical pre-pandemic inequities that have not received sufficient attention is the fact that many districts are not meeting their legal and moral obligation to educate students with disabilities, which must include providing needed mental health services, behavioral supports and educationally sound interventions by well qualified…