Safeguarding Rights. Shaping Futures.

Safeguarding Rights. Shaping Futures.

Shocking the Conscience: A Case Review by an Education Attorney

advocacy and collaboration in special education

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The rise in juvenile complaints involving students with Individualized Education Programs (IEPs) and the continued misuse of seclusion rooms in public schools reveal a deep crisis in special education. Schools are failing to meet the needs of students with disabilities, often resorting to outdated and harmful practices. Widespread staffing shortages, inadequate training, and growing defensiveness toward parents have created an environment where transparency is eroded, and trust is lost.

This isn’t just about management, it’s about decisions that cause lasting harm to vulnerable students. Instead of offering innovative solutions, many districts rely on restrictive practices that violate students’ rights and undermine their ability to learn in safe, supportive environments.

A Disturbing Case: The Reality of “Brightway Academy”

A recent due process complaint we filed highlights the troubling state of special education. The name of the educational institution and the student were changed for privacy purposes. “Brightway Academy” was presented as a specialized program designed to meet the unique needs of students like “Daniel,” a young boy with an IEP. What followed, however, was a disturbing pattern of seclusion, restraint, and misrepresentation.

Before proceeding with the case, I consulted with our internal Special Education Advocacy Team at K Altman Law and worked closely with our Clinical Behavioral Health Practitioner and Behavior Analyst. Together, we carefully examined the district’s practices, identifying serious violations of law and best practices for positive behavior support.

Despite the district’s claims, Daniel’s IEP showed no significant modifications to justify placement in Brightway Academy. Worse, when Daniel exhibited behaviors related to his disability, he was frequently placed in a small, isolated “calm down” room—locked away with no internal door handle and a light switch on the outside. This directly violated district policy requiring cameras in self-contained classrooms and ignored state regulations prohibiting such seclusion practices.

Policy Violations and Legal Concerns

When Daniel’s mother requested access to video footage of her son’s seclusion incidents, she was told that no cameras had been installed in the classroom, despite the district’s policy requiring cameras in self-contained special education settings. This lack of oversight, combined with the illegal use of seclusion rooms, represents a flagrant disregard for student safety and well-being.

In this state, the law explicitly prohibits the use of locked seclusion rooms within classrooms. Such spaces are meant to be temporary, open areas located in common spaces—not hidden, locked rooms where children can be isolated for long periods. Daniel endured this mistreatment up to 10 times a day, for nearly 80 minutes in total. This treatment is both illegal and deeply traumatizing.

The Failure of Deprivation Models in Behavior Management

One of the most problematic aspects of Brightway Academy’s approach was its reliance on a deprivation-based behavior management model. Under this system, Daniel was required to maintain 10 consecutive days of perfect behavior before being allowed to return to a general education setting. This type of model is widely discredited in education because it unfairly penalizes students with disabilities by holding them to unrealistic standards.

Even more concerning, staff inconsistently applied the model. On several occasions, Daniel was praised for having a good day, only for the staff to later decide that the day didn’t count toward his 10-day requirement. This left Daniel’s parents confused and powerless to advocate for him effectively.

Moreover, Daniel’s IEP outlined nine distinct goals, yet only 1,300 of the required 1,800 instructional minutes per week were accounted for. The remaining 500 minutes were unstructured, with no documented evidence of specialized instruction or research-based interventions. This oversight raises serious concerns about whether the district was truly providing Daniel with the Free Appropriate Public Education (FAPE) guaranteed under federal law.

The Danger of Normalizing Harmful Practices

Perhaps the most alarming aspect of this case is how harmful practices have become routine. Staff likely followed district protocols, believing they were acting in the best interest of students. However, without proper training or oversight, even well-meaning efforts can lead to damaging outcomes. This normalization of unethical practices—the desensitization to actions that should provoke outrage—is dangerous.

The question we must ask is simple: Would any parent or community member accept their child being locked in a room with no internal door handle, isolated multiple times a day? Would the district proudly showcase such practices on its website? The answer is clear, this would “shock the conscience” of any reasonable person.

The Path Forward: Transparency and Accountability

Daniel’s story is not an isolated incident. It reflects a broader, systemic failure in how districts manage special education. There are better ways to handle challenging behaviors; methods rooted in positive behavioral support, trauma-informed care, and genuine partnership with families. However, meaningful change requires districts to acknowledge their failures, embrace transparency, and commit to doing better.

At K Altman Law, we remain steadfast in our commitment to advocating for students like Daniel. Our Special Education Advocacy Team, supported by our education attorneys, works tirelessly to hold districts accountable and push for systemic reform. We believe that every child deserves an education free from harm, fear, and discrimination.

Real reform starts with transparency. Districts can no longer hide behind closed doors. They must open their schools to public scrutiny, invite collaboration, and work toward evidence-based solutions that prioritize student well-being. Only then can we restore trust and create a truly inclusive educational environment.

A Call to Action

The time for change is now. We cannot allow harmful practices to continue unchecked. Change requires courage, accountability, and a commitment to doing what is right opposed to what is convenient. Daniel, and every child like him, deserves nothing less than an education that values their dignity and potential.

Together, we can build a system that protects and empowers all students. Let’s lead with empathy, transparency, and integrity as the future of our children depends on it.

If you are a parent facing similar challenges, know that you are not alone. Contact our Special Education Advocacy Team at K Altman Law. We are here to help, fight for justice, and ensure that every child receives the education they deserve.

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