students placed in public or private institutions must be with “educated children who are not unless nature or severity of the disabled” “the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved Individuals with emotional and behavioral disorders satisfactorily.” such as the conditions documented for the Clarinda Academy investigation participants are covered by the ADA, Section 504, and IDEA. To investigate the setting at Clarinda Academy, DRW reviewed the policies and records that Clarinda Academy provided. Specifically, to assess Clarinda discipline practices and acknowledgment Academy’s of resident rights, DRW requested policies or procedures for “Written resident rights, discipline and use of physical (referenced in restraint” Iowa regulations at 441 IAC 114.13-114.18 and 441 IAC 114.20). In response, Clarinda Academy provided the policies attached hereto as Exhibit C. DRW also requested treatment and behavior “individual support for individuals who gave consent for DRW to access plans” their records as well as records in custody Children’s Administration’s to the care and All of these “relating individuals’ treatment.” documents confirmed that Clarinda Academy is among the most isolating and restrictive settings imaginable. Segregation Clarinda Academy students are almost entirely segregated from the rest of society. In the weeks prior to monitoring Clarinda Academy, DRW also conducted monitoring at several group homes in Washington State for young people in the foster care system. While the level of integration in the community varied among these Rehabilitation (BRS) placements for youth with “Behavioral Service” behavioral disorders, none compared to the segregation apparent at Clarinda Academy. To begin, none of the students at Clarinda Academy attend public schools. Instead, they attend school year round on-campus. DRW found no individualized determinations for why any of the investigation participants could not be educated at the local high school with supplementary services. Instead, the education plans simply state that the student will attend a segregated school due to placement at a program with its own behavioral school. The students do not routinely go shopping, out to eat, to movies, or to any community events. Team sports offers one of the only off-campus opportunities for students with athletic skills. Those students on sports
students placed in public or private institutions must be “educated with children who are not disabled” unless “the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” Individuals with emotional and behavioral disorders such as the conditions documented for the Clarinda Academy investigation participants are covered by the ADA, Section 504, and IDEA. To investigate the setting at Clarinda Academy, DRW reviewed the policies and records that Clarinda Academy provided. Specifically, to assess Clarinda Academy’s discipline practices and acknowledgment of resident rights, DRW requested “Written policies or procedures for resident rights, discipline and use of physical restraint” (referenced in Iowa regulations at 441 IAC 114.13-114.18 and 441 IAC 114.20). In response, Clarinda Academy provided the policies attached hereto as Exhibit C. DRW also requested “individual treatment and behavior support plans” for individuals who gave consent for DRW to access their records as well as records in Children’s Administration’s custody “relating to the individuals’ care and treatment.” All of these documents confirmed that Clarinda Academy is among the most isolating and restrictive settings imaginable. Segregation Clarinda Academy students are almost entirely segregated from the rest of society. In the weeks prior to monitoring Clarinda Academy, DRW also conducted monitoring at several group homes in Washington State for young people in the foster care system. While the level of integration in the community varied among these “Behavioral Rehabilitation Service” (BRS) placements for youth with behavioral disorders, none compared to the segregation apparent at Clarinda Academy. To begin, none of the students at Clarinda Academy attend public schools. Instead, they attend school year round on-campus. DRW found no individualized determinations for why any of the investigation participants could not be educated at the local high school with supplementary services. Instead, the education plans simply state that the student will attend a segregated school due to placement at a program with its own behavioral school. The students do not routinely go shopping, out to eat, to movies, or to any community events. Team sports offers one of the only off-campus opportunities for students with athletic skills. Those students on sports