FAIRFAX, Va. — There are a few weeks left before Fairfax County Public Schools must complete certain requirements as the result of a new settlement over the use of seclusion and physical restraint on special education students.
An FCPS spokesperson said there are court-mandated deadlines at the end of January that include further comprehensive staff training to implement new strategies. FCPS is required to provide quarterly reports on the implementation of its revised training and incident data starting in February.
FCPS says it is "on track" to meet these deadlines.
"I can tell you that a lot of work is going on behind the scenes and we are on track," the spokesperson said. "This is a huge and complex overhaul of practices and it takes some time."
Families and disability rights groups settled a lawsuit with the school district in November over how practices of seclusion and restraint are affecting students. The lawsuit was filed by six families, the Council of Parent Attorneys and Advocates (COPAA), the Autistic Self Advocacy Network and CommunicationFIRST.
Among the parents in the lawsuit include Jennifer Litton Tidd, who alleged her then 12-year-old son with autism was in seclusion more than 100 times a year almost daily during his time at the school for four years. She said he was left traumatized and even soiled and defecated on himself in a desperate attempt to get out of seclusion.
Although her son has not been restrained or secluded for almost three years, Tidd said he is still overcoming the effects.
"We're hopeful that things will change, but that will require training inside the schools," Tidd told WUSA9. "It's not just training in the programs they're implementing, but also the commitment to fully accommodate these students."
Since the allegations in 2019 and a review by the school board, FCPS banned seclusion in all base schools by the start of 2021. It will be banned in all schools, including private schools with FCPS contracts, by the start of the 2022-23 school year.
In a joint press release following the settlement, the school system said it stopped the use of physical restraints that create a high risk of injury. The rule will be implemented in all private establishments by the 2022-23 school year. Before the policies take effect next school year, restraint and seclusion are prohibited for students who submit a note from their doctors saying the practices would be harmful to them.
Restraints will only be allowed in life-threatening emergency situations and where a human faces imminent risk of serious physical harm or injury.
In its announcement, CommunicationFIRST listed other policy changes under the settlement:
- Ban the use of mechanical, chemical, prone, supine and chokehold restraints in all FCPS schools and private placement schools
- Require staff to ensure that students who rely on sign language or augmentative and alternative communication (AAC) have their hands free during physical restraint so they can communicate, except in extreme circumstances where that is not feasible
- Ban FCPS's prior practice of requiring some students to clean up bodily fluids and feces during or after an incident of restraint or seclusion
- Ensure that students who need AAC tools and other communication accommodations are provided them, so that students have an effective, language-based way to communicate their need for additional support
The agreement from the lawsuit included having to work with Ukeru Systems to get guidance on how to rid the need for physical restraint and seclusion. Educational expert Dr. Ross Greene will help evaluate and improve methods, staff training and provide recommendations.
Before the settlement, FCPS started mandatory training for all staff. More than 25,000 employees have completed a 90-minute video training on de-escalation from the Virginia Department of Education. The video covers alternative strategies related to positive behavior support, conflict prevention, de-escalation and crisis response.
Greene has already conducted training sessions with special education staff at schools that had higher numbers of restraint and seclusion prior to the implementation of our restraint and seclusion policy.
"We are already ahead of the timeline for all training sessions and reporting requirements as agreed in the settlement," FCPS said. "FCPS is committed to this complex and far-reaching overhaul of practices that takes time and careful planning to ensure that we provide the support and the learning environment that our students deserve."
The lawsuit was challenged by FCPS before federal judge Rossie Alston denied its request to dismiss through a motion that detailed disturbing allegations.
Attorneys for the plaintiffs successfully brought the claims under the Americans with Disabilities Act (ADA).
"These students' civil rights were violated by being restrained and secluded instead of having an equal opportunity to access better education like every other student," attorney Jessie Weber of Brown Goldstein & Levy said.
Selene Almazan of COPAA hopes the settlement, which appears to be the first to resolve the use of restraint and seclusion through federal courts, will be the blueprint for other cases across the country. Many groups are using the momentum to help pass the Keep All Students Safe Act.
"For parents across the country it gives them some hope that courts will see the trauma for what it is and injuries for what they are," Alamazan said.
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