WRIGHTSLAW BLOG: DOJ REACHES SETTLEMENT WITH FLORIDA SCHOOL DISTRICT ON PUNISHMENT OF STUDENTS WITH DISABILITIES AND REMOVALS FROM CLASSRROM DUE TO DISABILITY-RELATED BEHAVIOR

On August 3, 2021, the Department of Justice reached a settlement under the Americans with Disabilities Act (ADA) with Volusia County Schools (Florida) to address allegations that the district punished students with disabilities for disability-related behavior and denied them equal access to VCS’ programs and services through unnecessary removals from the classroom.

Under the agreement, VCS will revise and implement policies and practices to comply with the ADA, particularly those relating to: 1) attendance and removals; 2) discipline; 3) law enforcement involvement; and 4) behavioral interventions and supports.

Volusia Schools will also: a) provide staff training on the ADA; b) retain an outside behavioral supports consultant; and c) establish an ADA complaint procedure and tracking system.