SSD says it will eliminate its use of “seclusion and supine restraint in all SSD schools, programs, partner districts, and contracted partner settings.” SSD also says that physical restraint will continue only “when the student’s behavior poses an imminent danger of physical harm to the student or another person.” 

This change comes after a DOJ investigation found SSD’s seclusion and restraint practices discriminated against students with disabilities and violated Title II of the Americans with Disabilities Act. The investigation claimed that during the two-year investigation, SSD secluded over 300 students almost 4,000 times and restrained almost 150 students nearly 800 times. 

“Parents should not have to worry that their children could be subjected to solitary confinement and dangerous restraint techniques at school because of their disabilities,” Assistant Attorney General Harmeet K. Dhillion of the Civil Rights Division said when the findings were released. 

Kennedy Hunt P.C. litigates seclusion and restraint issues and currently represents a minor child with disabilities in a case against Rockwood School District and SSD. 

According to the lawsuit, our client was repeatedly excluded from education on multiple occasions to punish him for behaviors consistent with his disabilities. The lawsuit also claims Rockwood School District and SSD used a blue mat to restrain and exclude our client on at least one occasion without the parent’s consent. The lawsuit alleges that our client developed PTSD as a result of his experiences at school. 

Our skilled attorneys are experts in education law. If you or someone you know has been a victim of discrimination based on disability, Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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The lawsuit alleges that MICDS knew our client, a minor student, had disabilities that affected her school experience. Rather than provide effective support, the lawsuit claims MICDS became increasingly punitive toward disability-related conduct and ultimately used a disciplinary incident as a basis to remove her from the school.

According to the complaint, our client was academically successful at MICDS and had received strong grades and honors. The complaint alleges, however, that she also experienced disability-related challenges at school, and that her parents repeatedly advocated for appropriate support.

The lawsuit further alleges that when our client became upset after learning that another student had bullied her friend, MICDS moved quickly toward expulsion and gave her parents less than 24 hours to withdraw her or face expulsion. The complaint alleges MICDS had already decided to remove her without a meaningful investigation.

The lawsuit also alleges that MICDS treated our client more harshly than non-disabled students who had engaged in more serious conduct, including physical altercations and threatening behavior, but were not expelled or similarly disciplined. The complaint further alleges that students involved in bullying were not meaningfully disciplined.

This case is ongoing. For more information, contact attorney Susannah “Susie” Lake at susie@kennedyhuntlaw.com. If you or someone you know has been a victim of discrimination, our skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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The report lays out the role of the dispute resolution system and due process available under the Individuals with Disabilities Education Act (IDEA) and comes at a time when certain rights and funding for students with disabilities are in jeopardy. 

The new report provides parents, caregivers, and students with a guide for how they can use the dispute resolution system and file for due process under current law. 

Due process can be used to resolve disputes between parents and caregivers and school districts as it relates to a child’s right to a Free Appropriate Public Education. Examples can include requesting a due process hearing for denied services or mediation to settle Individualized Education Program disputes. 

COPAA argues that recent inaccurate portrayals of due process suggest it is a system “spiraling into chaos – one in which families of children with disabilities frequently file for hearings, where due process is always lengthy and adversarial, and where the process rarely leads to meaningful change…” 

But, as COPAA points out, due process hearings are actually the backbone of protecting the rights of students with disabilities and must be preserved.

The COPAA report highlights that, while incredibly rare, due process serves as a “critical safeguard when disagreements arise between families and schools, but is not available to all families, especially for those with limited financial resources, whose first language is not English, and for those living in rural areas.”   

The COPAA report also lays out proposals that not only “maintain and advance student and parent protections under IDEA and other statutes” but also provide more IEP trainings for educators and create a cost-free dispute resolution option for families. 

The attorneys at Kennedy Hunt P.C. are experts in education law and champions for students and families. Our attorneys exclusively represent students and have filed many cases against school districts over alleged civil rights violations.  Read more about the education law cases we take on here. If you or someone you know has been a victim of discrimination, the skilled attorneys at Kennedy Hunt, P.C. can help. Fill out a questionnaire so we can understand your claim.   

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The Justice Department says it opened the investigation after public complaints from people with disabilities who claim the parks ban guests from using certain walkers, including “rollator walkers.” The guests say they cannot navigate the parks without their walkers. They also allege that the only alternative the parks provide is not appropriate for their individual disabilities. 

“The ADA protects every American from disability-based discrimination in places of public accommodation, including theme parks,” Assistant Attorney General Harmeet K. Dhillon for the Justice Department’s Civil Rights Division said in a release by the DOJ. “We are committed to upholding our federal civil rights laws so that no guest is denied access or charged more because of a disability.”

The attorneys at Kennedy Hunt P.C. are experts in fighting for people with disabilities in discrimination cases, including in suits against places of public accommodation. If you or someone you know has had their rights violated, the skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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The shortage can severely impact students with disabilities, who may have reduced access to speech-language therapy, or no access at all, even if their Individualized Education Plan (IEP) requires it. This can cause delayed or missed therapies, thus hindering developmental milestones in communication, social skills, and academics. 

Missed interventions mean slower progress in speech, language, social skills, and cognitive growth, especially for children with autism, learning disabilities, and communication disorders. With needs going unmet, children are at academic and social risk. 

The bottom line is that the shortage threatens children’s potential to thrive in school and life. If you or your child’s needs are going unmet, the skilled attorneys at Kennedy Hunt P.C. may be able to help. Our firm exclusively represents the students in disability discrimination cases. The Education law cases brought by our office ensure children receive the education they are entitled to under state and federal laws. Our attorneys represent families throughout Illinois and Missouri who are accusing school districts of disability discrimination and not meeting their children’s needs as required by law.  

If you or someone you know has had their rights violated, the skilled attorneys at Kennedy Hunt, P.C. may be able to help you. Fill out a questionnaire so we can understand your claim. 

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