Thursday, January 9, 2020
JUSTICE DEPARTMENT SETTLES WITH SCHOOL TO PROTECT THE RIGHTS OF CHILDREN WITH DISABILITIES FROM UNNECESSARY RELIANCE ON CLASSROOM EXCLUSION AND RESTRAINT | Certified Access Specialist Institute
The Justice Department today entered into a settlement agreement to resolve allegations that that Anova Center for Education (Anova), a private school, discriminated against a ten year-old student with Autism Spectrum Disorder when it prone restrained the child 77 times over the course of several months. Based on a complaint, the United States initiated an investigation and a compliance review that substantiated allegations that Anova’s failure to reasonably modify its policies, practices and procedures, led to unnecessary and inappropriate reliance on classroom exclusion and restraint to manage behavior in violation of Title III of the Americans with Disabilities Act (ADA).
Under the three-year agreement, Anova will provide reasonable modifications such as individualized supports or interventions to mitigate behavior. Anova will also consider different or additional reasonable modifications in circumstances where a child’s behaviors are negatively affecting the child’s participation in the school program. Anova also agreed to change its written policies and procedures, designate an ADA Compliance Officer, report to the United States about its use of restraint, including the steps taken following each use of restraint to create or modify a child’s individualized supports and interventions as well as any decision to terminate a child’s enrollment.
For more information on the ADA or this agreement, please visit ADA.gov or call the toll-free ADA Information Line at 800-514-0301 (TTY 800-514-0383).
Article Credit: U.S. Department of Justice
Contributor Credit: CASI’s Staff provided this story; if you know of an article that is relevant to CASI, please share by sending an email to info@casinstitute.
Source: JUSTICE DEPARTMENT SETTLES WITH SCHOOL TO PROTECT THE RIGHTS OF CHILDREN WITH DISABILITIES FROM UNNECESSARY RELIANCE ON CLASSROOM EXCLUSION AND RESTRAINT | Certified Access Specialist Institute