ACLU calling on Iowa to change rules for seclusion, restraint in schools

The ACLU of Iowa and six Iowa attorneys filed documents last week demanding changes in the state rules for how Iowa public schools use physical restraints and seclude students.

The "petition for rulemaking" comes less than one month after the Iowa Department of Education found that some uses of seclusion rooms in Iowa City schools were in violation of state and federal law.

The petition calls on the department to make changes in Iowa Administrative Code that ensure seclusion and physical restraints:

Are used only emergency situations.

Are used only as a last resort.

Are never used for discipline or punishment of children.

“Iowa must update its rules to reflect growing consensus that seclusion and restraints should not be used to discipline or punish children," Daniel Zeno, policy counsel for the ACLU of Iowa, said Tuesday in a news release. "Children should only be subjected to these practices in emergencies and when there are no other alternatives.”

The department's earlier ruling against the Iowa City Community School District came in response to a complaint filed last year by Mary Richard, a Coralville attorney who also signed on to the current petition.

Department officials reviewed documentation for 455 incidents of seclusion in the Iowa City Community School District from Dec. 22, 2015, to Dec. 21, 2016. Officials also conducted on-site visits of two of the district's school buildings — each containing two of the roughly 6-by-6-foot padded wooden boxes.

In a ruling dated May 30, the department found that the majority of the uses of seclusion were in compliance with Iowa Administrative Code. But department officials also confirmed the complaint in terms of:

Improper documentation of incidents involving seclusion.

The occasional use of seclusion for minor infractions rather than solely to prevent harm of self or others.

The possibility that frequent use of seclusion may interfere with a child's right under federal law to free appropriate public education.

“That ruling was done on the current set of rules that we believe need to be revised,” Richard said. “We’ve been working on these revisions for almost six months. We would have submitted them regardless of the department’s ruling on how the current regulations apply.”

Iowa’s rules on the use of seclusion and restraints are harsher than most other states, the petitioners argue. Twenty-nine states have banned the use of seclusion and restraints to discipline or punish a child. Iowa also is one of only five states in which schools can use seclusion as punishment when no personal safety is threatened.

The petitioners also highlight how U.S. Department of Education data show children of color and children with disabilities are subjected disproportionately "to these outdated and damaging practices."

“Iowa has far too many racial disparities in school discipline and in the juvenile delinquency and criminal justice systems," Zeno said in the release. "We must work to end these disparities so that all Iowa children have a fair chance. The proposed rules would be an important step in the right direction to lessen racial disparities and disparities with respect to children with disabilities."

Iowa City schools convened a task force in response to ongoing concerns about the district's use of the seclusion rooms. The group recommended earlier this month that district reduce its use of the wooden boxes and to stop referring to them as "time-out rooms."

The task force's report also called on Iowa City's new special education director to create an action plan that includes:

Developing specific procedures for seclusion room usage with regular reviews.

Providing training on behavior de-escalation strategies for staff.

Improving communication about seclusion with parents.

Revising seclusion incident reporting.

Continuing training to address disproportionate usage among black, bi-racial and male students.

In addition to Richard, the recent petition is also signed by attorneys Edie Bogaczyk, Nathan Kirstein, David Roston, Leonard Sandler and Curt Sytsma.

Reach Jeff Charis-Carlson at jcharisc@press-citizen.com or 319-887-5435. Follow him on Twitter at @JeffCharis.