Screen Readers Skip to Content
Tweet Facebook

Department of Education Finds School Restraint and Seclusion Discriminatory

Author: Disability Rights California(i) : Contact:

Published: 2016-08-05 : (Rev. 2018-05-01)

Synopsis and Key Points:

U.S. Department of Education Office for Civil Rights finds Oakland Unified School District discriminated against student by subjecting him to inappropriate and excessive restraint and seclusion.

Main Digest

Oakland Unified School District to stop restraining students with disabilities...

The U.S. Department of Education Office for Civil Rights (OCR) found that the Oakland Unified School District (OUSD) discriminated against a student by subjecting him to inappropriate and excessive restraint and seclusion.

Restraint and seclusion are emergency interventions allowed only to prevent a child from imminent serious physical harm.

Read the OCR complaint letter and the Resolution Agreement:

The decision stems from a complaint filed by Disability Rights California on behalf of a boy with autism.

OUSD placed the then nine-year-old student at Anova Center for Education, a non-public school for children with autism in Concord. He was restrained 92 times over 11 months to control his behavior. The practice included two to three adults holding him face down for up to an hour-and-a-half at a time.

OCR’s investigation found that OUSD did not follow the student’s Individualized Education Plan, conduct behavioral assessments or take any meaningful steps to address the excessive use of prone (face down) restraint.

Under a settlement agreement with OCR, OUSD agreed to no longer contract with schools that use prone restraint; to develop a protocol to monitor the use of these practices; and to hire an expert to teach staff positive behavior interventions and train on the effects of restraint and seclusion.

"We are deeply troubled that any school district uses dangerous restraint practices and we look forward to ensuring these practices are eliminated in all California schools," said DRC attorney Suge Lee.

"I am thrilled with OCR’s decision," said Bonnie Candell, mother of Stuart, who is now 12-years-old. "I saw how being restrained negatively affected my son, causing him to cry and have suicidal thoughts. I am happy that other Oakland kids will not have to go through what my son did."

Disability Rights California is a non-profit organization created by the governor in 1978 to protect the rights of people with disabilities.

Check our website ( and Facebook and Twitter.

(i)Source/Reference: Disability Rights California. Disabled World makes no warranties or representations in connection therewith. Content may have been edited for style, clarity or length.

Related Documents


Disabled World is strictly a news and information website provided for general informational purpose only and does not constitute medical advice. Materials presented are in no way meant to be a substitute for professional medical care by a qualified practitioner, nor should they be construed as such. Any 3rd party offering or advertising on does not constitute endorsement by Disabled World. Please report outdated or inaccurate information to us.