Department of Justice Sends Nationwide Message in its Decision Against Special School District of St. Louis County
Waiting for patterns of harm is unacceptable. Lack of progress=plan failure.
February 23, 2026, U.S. Department of Justice (DOJ) issued findings from its investigation of the Special School District of St. Louis County. Buried in the 93‑page letter was a sentence with nationwide implications:
“Any time a student demonstrates a pattern of behaviors that is not effectively prevented or managed using the strategies in the BIP, the student’s FBA and BIP should be reviewed and revised… If a student exhibits behavior that is so intense that a seclusion or restraint is required, especially on more than one occasion, it must be concluded that the BIP is either ineffective or not being implemented appropriately”.
Strictly adhering to annual meeting cycles can make IEP teams passive between reviews. But if a reading goal stagnates for months or a Section 504 accommodation (like extended test time) does not help a student access the curriculum, that’s evidence of an ineffective plan. Families shouldn’t wait for the next scheduled meeting.
This philosophy exists everywhere, but for some reason it gets forgotten when it comes to IEP and 504 Plan meetings. When my son was learning to play baseball, his coaches constantly told him to make adjustments. He didn’t continue to pitch or swing the same way if it wasn’t working. He made small tweaks to his movements. The same thing happened when he taught himself to play the guitar. Small tweaks led to progress. Look at people heading to the gym, hoping to make incremental steps toward weight loss and/or muscle gain. If a routine isn’t working, they don’t wait a year to make an adjustment. So . . . Why does that happen with IEPs and 504 Plans?
Why the St. Louis Case Matters
DOJ’s St. Louis investigation is an example of why this standard is necessary. Over a two‑year period the district secluded more than 300 students almost 4,000 times and restrained nearly 150 students 777 times. One school used seclusion 1,667 times and every student who attended that school was secluded or restrained at least once. The district even secluded students for knocking over a teacher’s coffee, refusing to go to music class or being “disrespectful”. Staff turned seclusion and restraint into routine discipline. Among other things, DOJ concluded that these abuses stemmed from the district’s failure to provide effective behavioral supports and to update Behavior Intervention Plans (BIPs) and Functional Behavioral Assessments (FBAs). By declaring that even one serious restraint or seclusion is proof of an ineffective plan, the DOJ sent a message to districts everywhere, stating that wait for patterns of harm is unacceptable.
Beyond Behavior
DOJ’s quote may have referenced BIPs and FBAs, but its logic extends to academics and accommodations. When a student’s reading comprehension remains two grade levels behind after months of specialized instruction, the IEP team should reconvene and revise goals, methods and/or services. The same applies to 504 plans. If accommodations like preferential seating, reduced homework, and breaks do not mitigate anxiety or attention issues, the plan should be rewritten.
Final Words
Adjustments are key—whether for students learning to read or adults trying to lose weight. If progress isn’t being made and/or if regression is occurring, there’s a problem. And, yea, a single serious restraint, seclusion or episode of poor progress signals that the plan is ineffective and must be revised.
Lack of progress=plan failure.