Dear New Jersey Department of Education,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:

2022-2023 Mandatory Restraint and Seclusion Data including reported to the NJDOE by the Toms River Regional School District as required by N.J.S.A. 18A:17-48, including at a minimum, “school level totals for each category of student disciplinary actions, including in-school suspensions, out-of-school suspensions, expulsions, use of physical restraint or seclusion techniques, referrals to law enforcement, and arrests, as well as demographic information of the students who received the disciplinary action.”

Yours faithfully,

Information Please

Dear OPRA Custodian,
I would like to request an internal review and reconsideration of your refusal to provide the information requested.
The assertation that the Department of Education does not make or maintain records responsive to my request is a mistaken one. If it is not mistaken it is in fact a violation of the law and the departments own policy.

In a broadcast dated December 14, 2022, the information below was disseminated to school districts.
December 14, 2022
To: Local Education Agency Leads and Administrators of Approved Private Schools for Students with Disabilities
Route To: Directors of Special Services, School Principals, District Homeroom Administrators, Data Coordinators, Anti-Bullying Coordinators
From: Kathy Ehling, Assistant Commissioner
Division of Educational Services
Mandatory Restraint and Seclusion Data Collection/Student Safety Data System Opening
The purpose of this memorandum is to provide guidance to local education agencies (LEAs), students, and parents/guardians of students regarding the mandatory collection of data regarding the use of restraint and seclusion.
Background
In January 2018, Public Law 2017, Chapter 291 was signed into law. The law narrows the conditions under which staff in in school districts, educational services commissions (ESCs), and approved private schools for students with disabilities (APSSDs) may use restraint and seclusion techniques, particularly on students with disabilities. Further, the law required the New Jersey Department of Education (NJDOE) to establish guidelines for school districts, ESCs and APSSDs to ensure that a review process is in place to examine the use of physical restraints or seclusion techniques in certain circumstances.
In July 2018, in response to this law, the NJDOE issued the key provisions and definitions to be included in the guidance. This guidance was informed by representatives from school districts, ESCs, APSSDs, attorneys representing parents and districts, and statewide advocacy groups and it incorporates the 15 principles set forth in the May 2012 document, Restraint and Seclusion: Resource Document, published by the U.S. Department of Education.
Mandatory Data Collection
Additionally, N.J.S.A. 18A:17-48 was amended to require that the Commissioner of Education post a database to the NJDOE’s website which contains, at a minimum, “school level totals for each category of student disciplinary actions, including in-school suspensions, out-of-school suspensions, expulsions, use of physical restraint or seclusion techniques, referrals to law enforcement, and arrests, as well as demographic information of the students who received the disciplinary action.” In response to this amendment, LEAs are required to report restraint and seclusion data for the 2022-2023 school year.
Reporting Restraint and Seclusion Data
Reporting of incidents of restraint and seclusion will take place through the Student Safety Data System (SSDS). The SSDS is now open for reporting for the 2022-2023 school year and the report period 1 submission due date is January 31, 2023. Access to the SSDS, along with online resources to support this new data submission, are available on the Student Safety Data System webpage.
Questions concerning the SSDS should be directed to [email address]. Questions regarding discipline, including the use of restraint and seclusion, should be directed to [email address].
c: Members, State Board of Education
NJDOE Staff
Statewide Parent Advocacy Network
Garden State Coalition of Schools
NJ LEE Group

Please use this information to determine your department will provide the information requested as required by law.

Yours sincerely,

Information Please