Montclair Public Schools is under investigation by the U.S. Department of Education's Office for Civil Rights (OCR) for alleged unlawful use of restraint and seclusion of students with disabilities. New Jersey state law prohibits quarantining children without first notifying parents. Restraint may only be used if the student is in immediate physical danger. OCR is also investigating whether Montclair places a disproportionate number of black male students in the “Montclair Achievement Program (MAP),” located at the Charles H. Bullock School. MAP is intended to provide a therapeutic environment for students with behavioral problems.
The use of quarantine facilities for people with or without disabilities is controversial. Some people believe that a “relaxation” space where students are in a non-sensory environment can be calming. This type of behavior modification can be written into an Individualized Education Plan (IEP). Others see isolation and restraint as abuse and the first step in the “school-to-prison pipeline.” “These interventions are dangerous and have resulted in serious injury and even death to students, teachers and staff,” the Alliance Against Seclusion and Restraint says.
“Using restraint on a student is traumatic, and traumatizing a student can exacerbate existing disabilities,” says Catherine Lhamon, Assistant Secretary for the Office for Civil Rights at the U.S. Department of Education.
In New Jersey, a state law amended during the Christie administration explicitly states that restraint or seclusion may not be used as punishment or discipline, nor “as a means of coercion or retaliation or for convenience.” Additionally, “every effort should be made to prevent the need for restraint and isolation” and behavioral interventions “must be consistent with the child’s right to be treated with dignity and to be free from abuse.” Finally, parents/guardians of students placed in isolation or restraint must be notified within 24 hours.
On March 6, 2024, civil rights consultant Susan Magaziner wrote a letter to Nami Kuwabara, principal of the Bullock School, describing one of the incidents currently under OCR investigation. (She was assigned to the case by the Education Law Center.) From her letter:
“The student is a general education student with a known and documented disability and has a 504 plan. [requiring accommodations]. The student does not have an IEP, is not classified as special education, and is not subject to isolation and restraint orders based on IEP guidelines inserted into the IEP document signed by the parent. Physical violence, restraint, and seclusion are illegal. I allege that you unlawfully chose to harm, restrain, and isolate this student whom I am defending.
The student was allegedly physically attacked and injured in the hallway of the school building and was dragged by several aides through the hallway before being taken to a MAP classroom and 'thrown' into an isolation room. He hit his head and now has bruises on his arms and is said to be suffering from ACEs (Adverse Childhood Experiences) which leaves the student still traumatized. The information in your cease and desist letter is untrue and falsified. In summary, a student with a disability was sanctioned for displaying a disability after a sustained period of physical assault, unlawful restraint, and seclusion.”
This is a picture of the MAP isolation room:
The OCR platform is documenting four complaints currently occurring in Montclair, all involving students classified as eligible for special education services or with a 504.
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In response to Magaziner's successful attempt to notify OCR about Montclair's alleged civil rights violations, she received a “cease and desist” letter from Schenck, Price, Smith and King, a local law firm.
“Your harassing, threatening and threatening behavior will not be tolerated in the district. This letter serves to notify you of the following: You are instructed to immediately cease all contact, including but not limited to email communication, with all Commission staff. Including, but not limited to, Principal Kuwabara or any other employee or administrator of the District. Additionally, please be advised that the District is immediately blocking emails sent to staff from your current email address. If you need to forward any information regarding a student, you may contact the undersigned directly after I have received properly executed authorization.
If you fail to comply with this guidance, the Board will consider all legal options to ensure the safety and wellbeing of our staff. This includes, but is not limited to, seeking a temporary restraining order in Essex County Superior Court.”
Magaziner said the cease-fire letter was a “scare tactic” and “clearly illegal.”
The Montclair School District used physical restraint 10 times and seclusion 13 times, according to a 2017 U.S. Department of Education Civil Rights Data Collection report, according to Montclair Local.