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This was an out of court investigation initiated by the United States Department of Justice Civil Rights Division (DOJ) into the Okaloosa County School District in Florida. The DOJ investigated allegations of physical and verbal abuse, as well as the discriminatory use of seclusion and restraint on students with disabilities in violation of Title II of the Americans with Disabilities Act (ADA). The DOJ's investigation concluded that the school district violated Title II of the ADA with its practices. The school district was found to engage in a pattern of secluding and restraining students with disabilities before first attempting appropriate behavior-management or de-escalation strategies. As a result of this practice, as well as physical and verbal abuse, some students with disabilities were injured, and others lost many hours of class time.
The parties reached a settlement agreement on December 21, 2022. The school district had already taken steps to strengthen its provision of services to students with disabilities, including by prohibiting the use of seclusion and limiting the use of restraint. As part of the agreement, the school district agreed to additional measures, including clarifying and improving restraint and post-restraint procedures, reporting and analyzing all instances of restraint, reviewing procedures for students who were restrained during transport, strengthening support systems at all schools, reforming complaint procedures, improving internal investigation systems into allegations of abuse, developing training programs to help schools implement the agreement, and designating an administrator to oversee the district’s compliance with the agreement and Title II. In addition, the parties agreed to reports every six months. The agreement would terminate following the school’s final report in July 2025, following the end of the 2024-2025 school year.
Summary Authors
Simran Takhar (11/9/2023)
Last updated Aug. 30, 2023, 1:38 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Florida
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
United States Department of Justice Civil Rights Division, on behalf of children with disabilities in the Oskaloosa County School District
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Okaloosa County School District (Okaloosa), School District
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2022 - None
Issues
General/Misc.:
Incident/accident reporting & investigations
Staff (number, training, qualifications, wages)
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Jails, Prisons, Detention Centers, and Other Institutions: