Fairfax County Public Schools (FCPS) is committed to fostering a responsive, caring, and inclusive culture where all feel valued, supported, and hopeful. FCPS also believes that students have a right to attend a safe, welcoming school and belong to a community that values and promotes learning alongside social and emotional skill development through a positive behavior approach.

Since practices of restraint and seclusion came to light in spring 2019, FCPS and the Fairfax County School Board has  proactively taken quick and decisive action to ensure the dignified and appropriate treatment of students with disabilities. One of the actions taken was the development of a new policy that outlines what is permitted and what is not. These changes have ensured the division is a leader in this field going forward.

Seclusion has already been banned in all FCPS base schools and will be banned in all schools, including private schools with whom FCPS contracts, by the start of the 2022-2023 school year.

Read the joint statement between FCPS and the plaintiffs from November 23, 2021.

In the spring of 2019, the Fairfax County School Board began a complete, thorough and independent review of restraint and seclusion guidelines and practices, including parental notification, data collection and staff training. 

In spring 2019, the School Board funded new Behavior Intervention Teacher positions and additional training for special education teachers, administrators, counselors, instructional assistants, social workers, psychologists, and related service providers

In spring 2019, the School Board directed the Auditor General to conduct a comprehensive review of special education programs in FCPS.

In August 2019, FCPS appointed a new assistant ombudsman dedicated solely to the FCPS special education program who is responsible for supporting parents who have special education concerns. 

In 2020, the School Board adopted a new policy that placed it at the forefront of school systems working to eliminate the use of restraint and seclusion. The policy prohibits the use of restraints that create a high risk of injury, which will also apply to all private placements made by FCPS for students with disabilities by the start of the 2022-2023 school year.

FCPS has been working with Ukeru Systems - named after the Japanese verb ”to receive” - to retrain its staff, develop their skills in positive behavioral interventions and supports, and implement the new policy. The work includes reviewing quarterly reports appropriately documenting and providing data on all acts of restraint and seclusion.

The policy requires schools to provide a safe environment in which students can learn; ensures that children are treated with respect and dignity; are free from abuse; and that safeguards the rights and protections of students. It ensures FCPS uses positive behavioral interventions and support strategies to reduce and prevent the need for the use of physical restraint. 

It also ensures FCPS complies with all requirements of 8VAC20-750, Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia, as outlined by the Virginia Board of Education.

Use of a Multi-Tiered System of Support (MTSS) and  Positive behavioral interventions and supports (PBIS) 

FCPS uses a Multi-Tiered System of Support (MTSS), a data-driven, solution-seeking framework, to support enhanced outcomes for all students. MTSS relies on a continuum of evidence-based practices matched to students’ individualized and dynamic needs. Positive behavioral interventions and supports (PBIS) is a component of MTSS that focuses on social behavior. PBIS includes a proactive approach to supporting students’ social, emotional, and behavioral needs via universal support provided to all students such as clear expectations that are defined, taught, and reinforced. PBIS also includes the provision of targeted and intensive support for some students who require additional support beyond the universal level for success. Focused supports provided at the targeted and intensive levels may include supports such as Check-In Check- Out, small group or individual counseling, and explicit social skills instruction. 

If there is a need to manage student behaviors that place the student or others at imminent risk of serious physical injury, there must be a balance between practices that ensure the learning environment is safe and procedures that safeguard the rights and protections of students and staff. As such, staff shall utilize the least restrictive intervention to support students through a multi-tiered system of support, trauma informed care approach using evidenced-based de-escalation techniques. Examples of less restrictive interventions include, but are not limited to, verbal redirection, giving student choices, consideration of biological factors (e.g., hungry, sick), modification of student’s schedule, provision of praise and frequent feedback, and increased rate and quality of reinforcement. FCPS requires the use of a positive behavioral approach such that students are supported and safe without the use of hands on interventions to the greatest extent possible. The purpose of this policy is to establish procedures regarding physical restraint and seclusion, in those cases where there is imminent risk of serious physical harm to self or others, to ensure the safety of all students and staff. FCPS’ goal is to prohibit the use of seclusion across the Division with continued implementation of MTSS and additional supports and resources to enhance staff capacity should there be imminent risk of serious physical harm to self or others.