Michigan school district agrees to end seclusion after DOJ probe, Free Press investigation

A small school district in central Michigan has agreed to end its practice of isolating children with disabilities in rooms in a settlement agreement with the U.S. Department of Justice, according to a July 3 news release.

Montcalm County Intermediate School District was one of the subjects of a 2022 Detroit Free Press investigation over restraint and seclusion tactics used on students with disabilities across the state. The investigation found district educators had isolated students with disabilities in rooms more than 4,000 times over five school years, more than any other school district in the state at the time. The district serves roughly 560 students. Following the Free Press report, a spokeswoman for the U.S. Attorney for Michigan's Western District, said in 2023 that their office had begun investigating Montcalm Area ISD, working with the U.S. Department of Justice's (DOJ) Civil Rights Division.

The DOJ investigation found that district staff used seclusion and restraint tactics improperly, using the tactics on students — which under state law should only be used as a last resort where a student poses a threat to themselves or others — "as punishment for normal classroom discipline issues."

In the agreement dated June 27, Montcalm officials deny that the district discriminated against students in their restraint and seclusion practices, "but wishes to avoid the costs, time-burdens, and risks of further legal proceedings."

Montcalm's school board President Mark Christensen in a statement wrote that the district is "committed to addressing this situation" and that even before the agreement was signed, the district worked to prohibit seclusion.

"We will provide regular updates on our progress in fully implementing the agreement and are confident we will emerge an even stronger school community," he wrote.

“This school district serves the most vulnerable Michigan students, young children with disabilities,” acting U.S. Attorney Alexis Sanford for the Western District of Michigan wrote in the news release. “I commend them for entering into this settlement agreement to provide their students with the care and services they need to get the education they deserve.”

36 students secluded 392 times in one school year

Since the DOJ opened its investigation, Montcalm's restraint and seclusion numbers have appeared to somewhat decline but remained among the highest in the state in the most recent school year for which complete data is available. The data shows:

• In the 2023-24 school year, Montcalm Area Intermediate School District secluded 36 students with disabilities 392 times, secluding students with disabilities more than most other school districts in the state, only behind the Genesee Intermediate School District (which secluded 70 students 478 times), the Lincoln Park School District (476 seclusions) and Hazel Park Schools (418 seclusions).
• In the same school year, Montcalm educators restrained students with disabilities 98 times, far behind the school district with the highest number of reported restraints, Genesee Intermediate, at 507 restraints.

Details of settlement agreement

In the settlement, Montcalm officials agreed to completely prohibit the use of seclusion, including prohibiting the use of any rooms for seclusion purposes. The district also agreed to:

• Document any instances of restraint, including what de-escalation techniques trained staff members used before restraining a student.
• Create extensive behavior management plans that discourage over-reliance on restraint.
• Create behavior improvement plans for students that target particular behaviors by using evidenced-based practices (for example: using peer-assisted tutoring for students who may get frustrated in the learning process).
• Notify parents of students subjected to seclusion and restraint between 2020 and June 2025 about the agreement, including information about meeting to discuss possible compensatory education, if it's determined that seclusion deprived the students of learning opportunities in the process.
• Hold annual training around restraint and seclusion policies for staff members, including bus drivers and administrators.

If the DOJ determines the district doesn't comply with parts of the agreement, it could possibly lead to federal court action, according to the agreement.