(The Center Square) − An audit of the Louisiana Department of Education’s seclusion and restraint practices for students with disabilities reveals underreporting and compliance with state laws.
Data submitted to LDOE shows a significant number of school systems reporting no incidents of seclusion or restraint.
In the 2023-24 academic year, 115 out of 159 school systems — or 72.3% — reported zero incidents of seclusion and restraint. Over a six-year period, 89 school systems (56.0%) reported no incidents at all.
One school system with over 4,000 students with disabilities reported fewer than 10 incidents over the last six years, including none between 2020 and 2023.
However, the audit suggests that underreporting may be pervasive. The auditors visited one school system for interviews with staff and teachers.
“Both [teachers] stated that they have been involved in multiple seclusion and/or restraint incidents, but these incidents were not reported by the school system,” the report stated.
One teacher said administrators had instructed staff to start reporting incidents this year.
The audit also found widespread issues with school systems’ seclusion and restraint policies. While state law requires schools to submit these policies to LDOE, the department does not review them for compliance. Of the 50 policies reviewed, 46 (92.0%) were missing key provisions required by law, including language ensuring parental notification and safety measures during restraint.
For example, 22 policies (44.0%) did not include language stating that parents must be notified of incidents as soon as possible.
“My child is unable to communicate specifics. The school has a history of me having to request the appropriate restraint documentation. I know they seclude him but [I have] never seen paperwork,” one parent stated.
“The restraints and seclusions he experienced were so traumatic that his life and ours are forever changed,” another surveyed parent said.
Teachers and special education staff also expressed doubts about reporting practices. Of the 793 surveyed staff, only 315 (39.7%) agreed that all instances of seclusion and restraint were reported to LDOE.
In one case, a parent described seeing a school official pinning their child to the ground in a banned restraint method that can cause positional asphyxiation.
“Four [school officials] pinned him to the ground in restraint that was banned at the district level because it is known to cause positional asphyxiation. The school called me to pick him up, I walked into the ISSP room and saw [School Official] pinning him to the ground. Also, I never received an official report of the restraint,” the parent stated.
Louisiana also lacks processes seen in other states to ensure accountability for abusive or improper practices. The state does not sanction teacher certifications for those who mistreat students unless there is a criminal conviction. Additionally, there is no central registry for uncertified school employees who have abused or mistreated students.
The audit recommends that the education department develop a review process to ensure seclusion and restraint policies align with state law. Education department officials disagreed, stating it is not legally required to do so and citing limited resources. In its response, LDOE argued that the audit’s interpretation “exceeds the statutory language” and would infringe on local school boards’ policy authority.
“This substantial expansion of LDOE’s obligations results from LLA’s erroneous conclusion that the Legislature intended for LDOE to collect and review local policies even when the relevant statutes call for only the collection of such policies,” LDOE’s response stated.
