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U.S. Education Department Addresses Restraint and Seclusion to Protect Children with Disabilities

Outline: United States Department of Education announces initiative to address the inappropriate use of restraint and seclusion to protect children with disabilities and ensure compliance with U.S. federal laws.

Main Digest

U.S. Secretary of Education Betsy DeVos announced on 2019-01-17 that the U.S. Department of Education will launch an initiative to address the possible inappropriate use of restraint and seclusion in our nation's schools. The Office for Civil Rights (OCR), in partnership with the Office of Special Education and Rehabilitative Services (OSERS), will oversee this proactive approach which will protect students with disabilities by providing technical assistance and support to schools, districts, and state education agencies, and strengthen enforcement activities.

"This initiative will not only allow us to support children with disabilities, but will also provide technical assistance to help meet the professional learning needs of those within the system serving students," Secretary DeVos said. "The only way to ensure the success of all children with disabilities is to meet the needs of each child with a disability. This initiative furthers that important mission."

The Department's Initiative to Address the Inappropriate Use of Restraint and Seclusion will not only include components that help schools and districts understand how federal law applies to the use of restraint and seclusion, but the Department will also support schools seeking resources and information on the appropriate use of interventions and supports to address the behavioral needs of students with disabilities.

The Department's initiative will include the following three components:

Compliance Reviews

CRDC Data Collection

Support for Recipients

White dice like cubes placed together on a table spell out the word EDUCATION
White dice like cubes placed together on a table spell out the word EDUCATION

"In collaboration with OSERS, we will work to ensure that recipients are aware of their legal obligation under Section 504 and Title II, and that we have accurate information and data on the use of restraint and seclusion," said Assistant Secretary for Civil Rights Kenneth L. Marcus. "Working directly with schools and districts provides an excellent opportunity to help recipients and support their efforts toward compliance to ensure that all children have an opportunity to succeed in the classroom."

"OSERS has long focused on improving results and outcomes for children with disabilities," said Assistant Secretary for Special Education and Rehabilitative Services Johnny W. Collett. "Rethinking special education and challenging the status quo includes examining systems that keep us from making the kind of improvement we know is necessary. This initiative furthers our ongoing efforts to examine any practice that limits opportunities for children with disabilities."

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