A shocking 2017 video showed a 10-year-old Maryland student dragged by school staff into a small, secluded room, leading to a bloodied face. This practice, known as seclusion, involves isolating children, often those with disabilities, following emotional outbursts. Despite the video, lawmakers initially resisted banning seclusion until a 2021 Justice Department investigation uncovered 7,000 unnecessary restraint cases in a Maryland school district.
Maryland’s lawmakers swiftly passed a law banning seclusion in public schools, showcasing the Justice Department’s significant influence. Leslie Seid Margolis, an advocate with Disability Rights Maryland, emphasized the department’s authority in driving change. The Justice Department’s Educational Opportunities Section, focusing on civil rights in education, has been pivotal in such reforms.
However, under the Trump administration, the Justice Department’s approach shifted, with mass resignations in the Civil Rights Division. The Department of Education’s Office for Civil Rights also experienced significant staffing changes, altering how civil rights protections are enforced for students, especially those with disabilities. Frederick Lawrence, a former U.S. attorney, noted that the changes might be lasting.
The Trump administration’s aggressive approach led to lawsuits and investigations into antisemitism, transgender policies, and racial discrimination in schools. This included a rapid investigation at the University of California, Los Angeles, which concluded in just 81 days, a stark contrast to the usual lengthy processes.
In Colorado, the Justice Department investigated seclusion practices and racial discrimination allegations in Douglas County schools. Parents expressed frustration over the slow pace of justice, fearing ongoing harm to their children. Emily Harvey from Disability Law Colorado hoped for statewide reform, including a ban on seclusion and better tracking of restraint incidents.
The Justice Department’s shifted priorities, under Harmeet Dhillon, impacted ongoing and future investigations. Neal McCluskey from the Cato Institute highlighted the administration’s departure from traditional protocols, raising concerns about biased outcomes.
Despite challenges, the Justice Department continues to address restraint and seclusion issues, as seen in a recent settlement with a Michigan district. However, advocates fear the restructured department may struggle to maintain past oversight effectiveness, potentially ending agreements prematurely.
In Vermont, the Justice Department unexpectedly concluded oversight of a racial harassment settlement early, raising concerns about commitment to civil rights. Bill Bazyk of Twin Valley School District noted the accelerated timeline post-election, although the district remained committed to equity initiatives.
Amidst these changes, the Justice Department continues to influence educational policies, though its capacity to enforce civil rights protections remains in question. As administration priorities shift, the effectiveness of ongoing investigations and settlements remains uncertain.
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