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U.S. Department of Justice investigates reported "seclusion and restraint" used against disabled Colorado students

DOJ investigates reported "seclusion and restraint" in Douglas County schools
DOJ investigates reported "seclusion and restraint" in Douglas County schools 03:05

A sweeping federal investigation into the Douglas County School District has hundreds of unearthed allegations of systemic discrimination and mistreatment, with families and advocates calling for urgent reform to protect students from racial harassment and harmful practices like "seclusion" and "restraint."

CBS News Colorado is learning more about the complaints that prompted a U.S. Department of Justice investigation into the Douglas County School District.

Investigators from the Civil Rights Division of the Justice Department were in Colorado last week, looking into complaints against DCSD "regarding potential discrimination, harassment, or bullying on the basis of race, national origin, religion, or disability, and the district's use of seclusion and restraint against students with disabilities," the Justice Department said in an email to parents.

CBS Colorado has previously covered a lawsuit filed by three families against the district alleging it failed to protect students from racial harassment. Last Black History Month, many of the same families protested outside district headquarters to call for change.

Douglas County reporter Olivia Young recently shared the story of one mother behind those efforts speaking to the DOJ as part of this investigation. Since the story, another family has reached out to Young to share their child's experience of racism in the district and concerns with how leadership handled it.

The DOJ investigation does not center solely on claims of racial discrimination. Families are also speaking with investigators about alleged discrimination against students with disabilities.

"We are the state's protection and advocacy system, and we try to advocate to push for systemic change to better the lives of people with disabilities," said Emily Harvey, co-legal director for Disability Law Colorado.

Disability Law Colorado says it has received more than 900 reports of restraint and seclusion used against children in Douglas County schools.

"We were hearing about children being put in seclusion and it not being reported to families. Being put into a small closet for sometimes up to almost an hour at a time and left alone in the room," Harvey said. "This practice is similar to solitary confinement in prison on the public school child level, and it's very traumatic. We can see regressions in behavior and increasing challenging behaviors because of the trauma."

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Emily Harvey, co-legal director for Disability Law Colorado, right, speaks to CBS News Colorado reporter Olivia Young about complaints her organization has received regarding mistreatment of students in the Douglas County School District. CBS

In 2022, the organization filed a complaint with the DOJ against the district.

"Since these practices are primarily used against kids with disabilities and not kids without disabilities, that's disability discrimination," Harvey said.

In 2022, a parent of a student with a disability also filed a complaint with the Colorado Department of Education against the district under the Individuals with Disabilities Education Act and the Protection of Individuals from Restraint and Seclusion Act. The Colorado Department of Education investigated and required the district to take corrective action, including compensating affected students and revising policies to comply with state law.

Disability Law Colorado says it has been contacted by other families since that investigation. Now, those concerns are part of the DOJ investigation into the district.

In a statement to CBS Colorado, the Douglas County School District said, "Our focus is on taking care of each and every one of our students in the Douglas County School District. Any student or parent who has a concern should report it immediately to their school leader or DCSD's Compliance Office. We take every concern very seriously as we are dedicated to ensuring that all of our students and staff experience a welcoming and caring environment in our schools."

Colorado Supreme Court ruling the Douglas County School District's groundbreaking, controversial school voucher program, finding it unconstitutional
Hundreds of complaints about alleged mistreatment of students with disabilities prompted a federal investigation into the Douglas County School District. John Leyba/The Denver Post via Getty Images

Harvey says it's not just a Douglas County problem.

"These practices are pretty widespread in our schools," she said.

Colorado law allows seclusion and restraint in schools in emergency situations.

"We've heard of situations where students are being put in seclusion as a result of some sort of discipline, as opposed to an ongoing emergency, and that's not appropriate and not allowed under current law," Harvey said.

The DOJ investigation could lead to a settlement mandating changes to DCSD policy, and Harvey hopes it will have a ripple effect throughout the state.

"The Department of Justice has been requiring school districts to ban the practice of seclusion when they've investigated in other states, and we really want to use this complaint and the Department of Justice's potential outcome to try to push for a ban of seclusion in the school district to then try to push for a ban statewide," Harvey said. "The long-term goal would be to get a ban of seclusion across the state and to change the definition of physical restraint so that it's not based on a distinction of time."

It's not yet clear how the new presidential administration will impact this DOJ investigation. The Justice Department did not immediately respond to requests for comment. When we reached out to two spokespeople we spoke with last week, we received auto-replies that both no longer work there. However, a DCSD parent was told the investigation is still moving forward.

Colorado Disability Law says disability discrimination is a nonpartisan issue that can affect anyone, and they hope it will be a priority under the current administration.

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