Montclair Public Schools is under investigation by the U.S. Department of Education’s Office of Civil Rights (OCR) for unlawful use of restraints and seclusion for students with disabilities. New Jersey law forbids using seclusion without first informing parents; restraint can only be exercised if students are in immediate physical danger.  In addition, OCR is investigating whether Montclair is  placing disproportionate numbers of Black boys in its “Montclair Achievement Program (MAP)” located at Charles H. Bullock School. MAP is supposed to provide a therapeutic environment for students with behavior problems.

Using seclusion for children with or without disabilities is controversial. Some believe “chill out” spaces, where students are in a sensory-free environment, can be calming; this type of behavior modification can be written into Individualized Education Plans ( IEPs). Others see seclusion and restraint as abusive and the first step in the “school to prison pipeline.”  The Alliance Against Seclusion and Restraint says “these interventions are dangerous and have led to serious injuries and even death in students, teachers, and staff.”

Catherine Lhamon, assistant secretary for the Office for Civil Rights at the U.S. Education Department, says “imposing restraint on the student is traumatizing, period, and so imposing trauma on a student can exacerbate existing disabilities.”

In New Jersey, state code-–which was amended during the Christie Administration— explicitly states that  restraint or seclusion shouldn’t be used as punishment or discipline, or “as a means of coercion or retaliation, or as a convenience.” Also,  “all efforts should be made to prevent the need for restraint and seclusion” and behavioral interventions “must be consistent with the children’s right to be treated with dignity and to be free of abuse.” Finally, parents/guardians of any student subjected to seclusion or restraint must be informed within 24 hours.

On March 6th, 2024, civil rights consultant Susan Magaziner wrote a letter to the principal of Bullock School, Nami Kuwabara, describing one of the incidents currently under OCR investigation. From the letter:

“The student is a general education student with known and documented disability and has a 504 Plan [requiring accommodations]. The student does not have an IEP, he is not classified in special educ ation and he is not subject to the mandates of seclusion and restraint as per IEP directives inserted into IEP documents as consented through signature by parents. Any act of physical violence, restraint and seclusion are unlawful. I hereby allege that you have undertaken to unlawfully harm, restrain and seclude this student for whom I advocate. 

The student was physically attacked and harmed in the corridor of the school building where several para aides are reported to have dragged him through the corridor where he was then taken into the MAP Classroom and ‘thrown’ into the seclusion room. It is reported he hit his head, at present has bruises on his arm and is suffering from an adverse childhood experience (ACE) to which the student remains traumatized. The statements made by you in your Letter of Suspension are untruthful and falsified. In sum, a student of disability has been sanctioned for a manifestation of disability after sustaining acts of physical assault, and unlawful restraint and seclusion.”

This is a photo of the MAP seclusion room:

The OCR platform documents four current complaints in Montclair,  all involving students classified as eligible for special education services or students with 504’s. 

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In response to Magaziner’s successful attempt to alert OCR about Montclair’s alleged civil right violations, she received a “cease and desist” letter from the district’s law firm, Schenck, Price, Smith, and King,

“Your harassing, intimidating and threatening actions will not be tolerated by the District. This letter  shall serve as notice that you are hereby directed to immediately cease all contact, including but not  limited to, email correspondence with all Board employees including but not limited to, Principal  Kuwabara or any other staff or administrator in the District. Additionally, please be advised that the District  is immediately blocking emails coming from your present email address to its staff. You may communicate  directly with the undersigned in the event you need to relay information regarding the student, once I am I  receipt of an appropriately executed authorization. 

Should you fail to abide by this directive, the Board will consider all legal options in order to secure  the safety and well-being of its staff members. This includes, but is not limited to, seeking a temporary  restraining order in the Superior Court of Essex County.”

Magaziner said the cease and desist letter was a “scare tactic” and “clearly unlawful.”

In 2017, according to Montclair Local, the U.S. Department of Education’s Civil Rights Data Collection reported the Montclair district used physical restraints 10 times and seclusion 13 times. 

CORRECTION: An earlier version of this story said Education Law Center referred the parent to Susan Magaziner. This was incorrect. When parents contact ELC in search for an advocate, ELC uses a list of people willing to take on pro bono clients. In this case, one advocate volunteered and ELC gave contact information to the family.