A new report from Government Accountability Office (GAO) details the findings of GAO's investigation of U.S. Department of Education (USDOE) Office for Civil Rights' (OCR) Civil Rights Data Collection (CRDC) for the 2017–18 school year and of GAO's investigation of the School Survey on Crime and Safety. In addition, GAO used data collected by the U.S. Department of Justice (USDOJ).

Findings

• Students with IEPs or 504 Plans were arrested and referred to police at significantly higher rates than their peers.

For students with IEPs, the rate was more than double that for students who don't have disabilities.

For students with 504 Plans, the rate was 1.5 times the rate of those who don't have disabilities.

• Boys who have disabilities were arrested at the highest rate.

Boys who have disabilities were arrested and referred at a higher rate than girls who have disabilities and at a higher rate than both girls and boys who don't have disabilities.

• Native Hawaiian/Pacific Islander, Black, and American Indian/Alaska Native boys who have disabilities were arrested at the highest rates.

Native Hawaiian/Pacific Islander, Black, and American Indian/Alaska Native boys who have IEPs were arrested at the highest rate.

• The arrest rate in schools with a police officer present at least once a week is more than double the rate of similar schools without a police presence.

This remained the case both before and after COVID impacted school operations and student attendance nationwide.

• The referral rate in schools with a police officer present at least once a week is 1.37 times the rate of similar schools without a police presence.

This remained the case both before and after COVID impacted school operations and student attendance nationwide.

 

USDOJ's Work Supports GAO's Findings

The Civil Rights Division of USDOJ has repeatedly found that individuals with disabilities are arrested and/or punished instead of school divisions providing effective and appropriate behavior interventions and supports to students.

• Alabama

In a July 31, 2024, press release, USDOE said it is "engaged in ongoing negotiations with Alabama to resolve our findings that Alabama violates the ADA by unnecessarily segregating and providing inferior educational opportunities to students with emotional and behavioral health disabilities in the foster care system in schools on the campuses of Alabama’s psychiatric facilities."

• Alaska, Indiana, Iowa, Kansas, Maryland, Alaska, and Washinton

DOJ is monitoring settlement agreements with North Gibson School Corporation (Indiana), Frederick County School District (Maryland), Cedar Rapids Community School District (Iowa), Okaloosa County School District (Florida) Anchorage Public Schools (Alaska), Spokane Public Schools (Washington), and Wichita Public Schools (Kansas). The agreements were made in response to DOJ investigations finding that "students with emotional and behavioral health disabilities missed hundreds of hours of instructional time due to the widespread and inappropriate use of restraint and seclusion in non-emergency situations."

• Florida

May 2024, DOJ reached an American with Disabilities Act (ADA) settlement with Pasco County Schools (PCS) to stop PCS' discriminatory practices toward students with disabilities. In this case, PCS treated students unfairly during the "threat assessment process", students faced being "arrested or sent to a mental health facility against their will under Florida’s Baker Act", and/or students lost coursework and classroom instruction time.

DOJ is monitoring a settlement agreement with Okaloosa County School District (Florida). The agreement was made following DOJ's investigation that found "students with emotional and behavioral health disabilities missed hundreds of hours of instructional time due to the widespread and inappropriate use of restraint and seclusion in non-emergency situations."

• Georgia

June 2024, USDOJ entered into a settlement with Fulton County District (FCSD). FCSD must "strengthen the district’s policies and procedures for responding to student-on-student sexual assault and ensure that the district’s response accounts for the unique needs of students with disabilities."

In a July 31, 2024, press release, USDOE said it is "addressing the unnecessary segregation of – and provision of unequal educational opportunities to – students with behavior-related disabilities in ongoing litigation against Georgia."

• Nebraska

February 2024, USDOJ released finding of an investigation into Lincoln Public Schools (LPS). USDOJ "notifying the school district that it violated the ADA by denying some deaf and hard of hearing students an equal opportunity to attend their neighborhood schools."

In a July 31, 2024, press release, USDOE said that it "found that when LPS believed that a student needed American Sign Language (ASL) interpretation, LPS would require the student to attend a cluster school serving deaf and hard of hearing students without considering the individualized needs of deaf and hard of hearing students."