NEW HANOVER COUNTY, NC (WECT) - The Office for Civil Rights for the U.S. Department of Education has opened an official investigation into a complaint over the use of seclusion rooms in New Hanover County Schools.
The parents of a 5-year-old student filed the complaint on behalf of all elementary students with disabilities for the use of the rooms. In the complaint, the parents claim that their 5-year-old son is a special education student who in the past has been placed in a secluded room and forced to stay inside. The complaint states that these rooms are only being used on children with disabilities, therefore violating their civil rights.
In accepting the complaint for consideration, the OCR said it has determined it has jurisdiction and the complaint was filed in a timely manner. It did not make a judgment as to the merits of the complaint.
NC Fear Free Education Spokesperson Ben Brown released the following statement on behalf of the family who filed the complaint:
"We are delighted to learn today that the Office Of Civil Rights has officially opened this investigation. We hope that the County School Board will take the initiative offered by Dr. Hickey at last Tuesday night's meeting, to quickly provide a forum in which this issue can be given the time to debate its use in the open. We also have great hopes that the District will welcome this investigation and make the necessary corrections so that our child and others can continue their education as provided for them by law."
The original complaint says, "North Carolina Fear Free (NCFFE) are comprised of a group of parent advocates who have had serious concerns regarding safety issues inside the public schools our children attend.
Of course like good parents we want what is best for our children. We want our kids to have a safe learning environment, free from harm. We want the least restrictive environment, the same opportunities for social interaction as any other student. We want our children to not be bullied at school, especially by those entrusted to take care of them.
Because bullying exists, because retaliation is a part of some school's administrative practices we wish to remain anonymous. Identifying us, identifies our kids. We hope you understand."
The parents say their son has not returned to school since November 15, 2011 because it is unsafe for him and the school refuses to meet his needs.
According to Assistant Superintendent, Dr. Rick Holliday, most schools in New Hanover County have seclusion rooms. Holliday explained, "however, they are only used in accordance with the Greenblatt Act."
The school system shows in a PowerPoint presentation that House Bill 1032 defines seclusion as "the confinement of a student alone in an enclosed space from which the student is (a.) physically prevented from leaving or (b.) incapable of leaving due to physical or intellectual capacity."
[See the PowerPoint presentation (slides 14-17)]
The PowerPoint presentation goes on to say that seclusion is not allowed except in certain situations described in the law. Most exceptions are aimed at the safety of all students, teachers and staff involved in the situation.
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The parents of a 5-year-old student filed the complaint on behalf of all elementary students with disabilities for the use of the rooms.
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