Restraint and Seclusion
What should you do if you suspect your child has been restrained or secluded at school?
Reports done by the federal government and others in the past few years show that many students with disabilities are restrained and/or secluded at school. Many of these children have been injured; some have even died.
In 2014, Arizona passed a law that prohibits the use of restraint and seclusion on students except in the case of imminent danger of bodily harm.1 The law also has strict reporting requirements that schools must adhere to if they do restrain or seclude a student. Schools are required to make written or verbal contact with a student’s parent or guardian within 24 hours of a restraint or seclusion technique being used on a student. Also, within a “reasonable time” after the incident, the school must provide written documentation to the parent or guardian that includes:
- the type of restraint or seclusion technique that was used;
- how long the restraint or seclusion lasted;
- specific information about the behavior leading up to the technique; and
- information about any persons, locations or activities that may have triggered the behavior.
Finally, if there has been repeated use of these techniques during a school year, the school must analyze how future incidents may be avoided and consider whether the student needs a functional behavioral assessment.
If your child has an IEP or a 504 plan and you believe your child has been restrained or secluded at school, you can:
- Ask the school for a written copy of the school district’s policy on restraint and seclusion.
- Ask the school for copies of all incident reports regarding the restraint/seclusion of your child, as required by A.R.S. § 15-105.
- Ask in writing for an IEP or 504 meeting to discuss the restraint or seclusion and ask for it to stop immediately (see sample Requesting a Review of an IEP Letter at the end of this guide).
- Ask school staff who have knowledge about behavior and crisis management to attend the IEP or 504 meeting.
- Read your child’s IEP so you can decide if more services are needed to help improve his or her behavior.
- Ask in writing for a Functional Behavior Assessment (FBA).2
- Ask the IEP or 504 team to write a Behavior Intervention Plan (BIP)3 using positive behavior supports.
- If you think the school’s staff needs more training in how to help students with behavior problems, ask the school to provide that training.
- Make sure the school is providing all services that are included in your child’s IEP.
- If you believe your child was injured while he or she was restrained or secluded, see the next section of this guide on Bullying, Harassment, Abuse and Neglect.
Bullying, Harassment, Abuse and Neglect
What should you do if you suspect your child has been bullied, harassed, abused or neglected at school?
There are three types of complaints you can file if you suspect your child has been bullied, harassed, abused or neglected at school.
Filing a Complaint with the School District
Contact the school district’s main office and ask for a copy of the written procedures for filing a formal complaint. If the school district has a written policy, you should follow it. If the district does not have a written policy, you can still file a complaint (see below for how to do this).
- Put your complaint in writing. Be sure to keep a copy for your records.
- Send the complaint to the Principal of your child’s school right away to try and stop the problem (see Complaint Sample Letter at the end of this guide).
- If your child has an IEP or a 504 plan, send a copy of your complaint to the school district’s Director of Special Education.
- When you file a complaint, the school district should investigate to find out if your child was bullied, harassed, abused or neglected at school. Once the investigation is done, the school district should give you a written report.
- If you think the school district did not conduct a good investigation, or if it does not respond to your complaint, you can file a written appeal with the superintendent of the school district.
- If the superintendent investigates but you do not agree with the results of that investigation, you may have the right to file an appeal with the District Governing Board. Ask the school district for a copy of its Governing Board Policy.
Filing a Complaint with the Office for Civil Rights (OCR)
Federal law (Section 504 of the Rehabilitation Act of 1973) does not allow schools that receive money from the federal government to discriminate against a person because of his or her disability.4 Section 504 defines a person with a disability as one who: (i) has a physical or mental impairment which substantially limits one or more major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment. 5 This includes children receiving special education services.
In some cases, bullying, harassment, abuse or neglect of a student with special needs may be discrimination. Anyone who thinks that a school has discriminated against a student with a disability can file a complaint with the Office for Civil Rights of the U.S. Department of Education (OCR). If you think your child has been discriminated against at school because of his or her disability, you can file a complaint with OCR.
*Important Deadline*
Remember that you must file your complaint no later than 180 calendar days from the date the discrimination happened, unless the time for filing is extended by OCR for good reason. To be safe, be sure to file before the 180-day deadline.
For more information, help, and a complaint form, go to http://www2.ed.gov/about/offices/list/ocr/know.html.
You may also contact the OCR regional office in Denver at (303) 844-5695; TDD (877) 521-2172, or write to:
Office for Civil Rights, Region VIII
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Blvd., Suite 310
Denver, CO 80204-3582
Email: OCR.Denver@ed.gov
Filing a Section 504 Complaint with the School District
If you wish, you can file a Section 504 complaint with the school district before you file a complaint with OCR. You must file the complaint no later than 180 calendar days from the date the discrimination happened.
School districts must name at least one person to help resolve these complaints. This person is usually called the 504 Coordinator. You do not have to file a complaint with the school district’s 504 Coordinator before filing a complaint with OCR, but it may be a good idea. In some cases, it helps solve the problem more quickly.
If you file a complaint with the school district but it does not solve the problem, you have 60 days to file a complaint with OCR. The 60-day time period begins when the school district completes its investigation. If you file a complaint with OCR, the first thing OCR will do is look to see if the school district carefully read and considered your complaint before it made its decision.
Retaliation is not allowed. A school district may not retaliate against (get back at; get even with) any person who has made a complaint, testified, assisted or participated in any way in any Section 504 investigation.
*Important Deadlines*
Remember that you must file your complaint with the school district no later than 180 calendar days from the date the discrimination happened. If you are not happy with the school district’s decision, you have 60 days from the date the school district completes its investigation to file a Section 504 complaint with OCR.
Other Ways to Help Your Child
Contact the Police
If you suspect your child has been abused, neglected, harassed, bullied, restrained or secluded at school, you may contact the police and file a police report.
Personal Injury Claims
If you suspect your child has been abused, neglected, harassed, bullied, restrained or secluded at school, your child may have a personal injury claim. This claim may result in the payment of money damages to your child. If you believe your child has a personal injury claim, you should contact a lawyer who practices this type of law for advice as soon as possible.
Sample Letters
(SAMPLE LETTER REQUESTING A REVIEW OF AN IEP)
[Parent Name]
[Parent Address]
[City, State and Zip Code]
[Date]
___________, Director of Special Education
[School District or Charter School]
[Address]
[City, State and Zip Code]
Re: [Your Child’s Name and School]
Dear _________:
I am the parent of [Name of Child], who attends [Name of School]
I am writing to request that the [Name of School District or Charter School] schedule an IEP meeting to discuss my child’s current behavior challenges and to determine if additional supports are warranted at this time. In addition, I am requesting that the district have staff in attendance at this IEP meeting, with knowledge in the area of behavior assessment and positive behavior planning.
To help with the scheduling: I am available to meet on the following days and times [List dates and times that you are available or specify dates/times when you are not available to attend a meeting]
If you have any questions, the best way to reach me is [by phone and/or e-mail, provide specific number and/or address]. Thank you.
Sincerely,
Insert Parent’s Name
(SAMPLE SECTION 504 COMPLAINT TO SCHOOL DISTRICT)
[Parent Name]
[Parent Address]
[City, State and Zip Code]
[Date]
Insert name (if known), 504 Coordinator
[School District or Charter School]
[Address]
[City, State and Zip Code]
Re: [Your Child’s Name and School]
Dear 504 Coordinator:
I am the parent of [student name], a student with a disability who attends [school name]. I am writing to file a formal complaint alleging that my child, [name of child], was subject to abuse and neglect by [individual or agency]. I am requesting that the district conduct a comprehensive investigation and provide me with a written report of the findings and corrective action plan. The facts are as follows:
Insert the following information:
- List precisely all allegations: date, location, and time of the incidents.
- List the names of any staff or students involved and any other possible witnesses.
- Request relief (what do you want to have happen to resolve the complaint).
Sincerely,
Insert Parent’s Name
Copy to: Special Education Director
School Principal
School Superintendent
COMPLAINT SAMPLE
Mr. John Question, 504 Coordinator
School District
Any City, AZ 00000
Dear Mr. Question:
I am the parent of S. Smith, a student with a disability who attends the District Middle School. I am writing to file a formal complaint alleging that my child, S. Smith, was subject to abuse and neglect by John Doe. I am requesting that the district conduct a comprehensive investigation of the allegations listed below and provide me with a written report of the findings and corrective action plan. The facts are as follows:
- [Insert all instances of possible abuse and neglect, including dates and times if known, and as many facts as possible]
- ….
- ….
The above incidents violate my child’s rights and constitute a pattern of physical and emotional abuse and neglect. I am demanding that the district take immediate steps to stop this treatment. I am requesting that the teacher(s) involved in these incidents receive training in the use of appropriate behavior management techniques and not be permitted to work with my child until the teacher can demonstrate mastery of those skills.
If you have further questions concerning this complaint, please do not hesitate to give me a call at xxx-xxxx.
Sincerely,
[Your Name]
Copy to: Special Education Director
School Principal
School Superintendent
Additional Resources
Federal:
U.S. Department of Education, Office for Civil Rights, “Dear Colleague” Letter on Responding to Bullying of Students with Disabilities (October 21, 2014), https://www2.ed.gov/about/offices/list/ocr/letters/colleague-bullying-201410.pdf
U.S. Department of Education, Office for Civil Rights, “Dear Colleague” Letter on steps to reduce bullying in schools (October 26, 2010), http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.html
U.S. Department of Education, Restraint and Seclusion: Resource Document (May 15, 2012), https://www2.ed.gov/policy/seclusion/restraints-and-seclusion-resources.pdf
U.S. Department of Education, Office for Civil Rights, Fact Sheet: Restraint and Seclusion of Students with Disabilities (December 2016), https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201612-504-restraint-seclusion-ps.pdf
U.S. Department of Education, Office for Civil Rights, “Dear Colleague” Letter on Restraint and Seclusion of Students with Disabilities (December 28, 2016), https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201612-504-restraint-seclusion-ps.pdf
State:
Arizona’s Anti-Bullying Law, A.R.S. § 15-341(36): https://www.azleg.gov/ars/15/00341.htm
Arizona’s Anti-Hazing Law, A.R.S. § 15-2301: https://www.azleg.gov/ars/15/02301.htm
Arizona’s Restraint and Seclusion Law, A.R.S. § 15-105: https://www.azleg.gov/ars/15/00105.htm
