Keeping All Students Safe Act
This bill prohibits the use of seclusion and limits the use of physical restraint in schools and Head Start programs that receive federal funding. It also establishes enforcement provisions, including a private right of action for a student who has been subjected to unlawful seclusion or restraint, and creates a grant program for state educational agencies to implement the procedures required by the bill.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8782 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8782
To prohibit and prevent seclusion, mechanical restraint, chemical
restraint, and dangerous restraints that restrict breathing, and to
prevent and reduce the use of physical restraint in schools, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2020
Mr. Beyer (for himself, Mr. McEachin, Mr. Scott of Virginia, Mr.
Connolly, Mr. Danny K. Davis of Illinois, Ms. Norton, Mrs. Davis of
California, Mr. Krishnamoorthi, Ms. Jayapal, Mr. Larson of Connecticut,
Mr. Sean Patrick Maloney of New York, Mr. Tonko, Ms. Pingree, Mrs.
Napolitano, Ms. Moore, Mr. Cardenas, Mr. Gomez, Mr. Langevin, Mr.
Kennedy, Mr. DeSaulnier, Ms. Wilson of Florida, Mr. Espaillat, Mrs.
Hayes, Ms. Lee of California, Mr. Himes, Mr. Takano, Mrs. Carolyn B.
Maloney of New York, Ms. Clark of Massachusetts, Mr. Cohen, Mr.
McGovern, Mr. Johnson of Georgia, Ms. McCollum, Ms. Schakowsky, Ms.
Matsui, Mr. Price of North Carolina, Mr. Serrano, Mrs. Bustos, Mr.
Grijalva, Mr. Sablan, Ms. Dean, Ms. Wild, Mr. Lowenthal, Mrs. Beatty,
Ms. Haaland, Ms. Meng, Mr. Casten of Illinois, Ms. Blunt Rochester, Ms.
Adams, Mr. Levin of Michigan, Mr. Trone, Ms. Wexton, Mr. Brown of
Maryland, Mr. Bishop of Georgia, Mr. Hastings, Ms. Porter, Mr. Suozzi,
and Ms. Fudge) introduced the following bill; which was referred to the
Committee on Education and Labor, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit and prevent seclusion, mechanical restraint, chemical
restraint, and dangerous restraints that restrict breathing, and to
prevent and reduce the use of physical restraint in schools, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Keeping All
Students Safe Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROHIBITIONS ON RESTRAINT AND SECLUSION AND ADDITIONAL
REQUIREMENTS
Sec. 101. Prohibition, additional requirements.
TITLE II--STATE PLAN, REPORTING REQUIREMENTS, AND GRANTS FOR STATE
EDUCATIONAL AGENCIES
Sec. 201. Definitions.
Sec. 202. State plan; reporting requirements.
Sec. 203. Grants for State educational agencies.
TITLE III--GENERAL PROVISIONS
Sec. 301. National assessment.
Sec. 302. Protection and advocacy systems.
Sec. 303. Schools operated or funded by the Department of the Interior
or the Department of Defense.
Sec. 304. Rule of construction.
Sec. 305. Applicability to private schools and home schools.
Sec. 306. Severability.
Sec. 307. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chemical restraint.--The term ``chemical restraint''
means a drug or medication used on a student to control
behavior or restrict freedom of movement that is not--
(A) prescribed by a licensed physician, or other
qualified health professional acting under the scope of
the professional's authority under State law, for the
standard treatment of a student's medical or
psychiatric condition; and
(B) administered as prescribed by the licensed
physician or other qualified health professional acting
under the scope of the professional's authority under
State law.
(2) ESEA terms.--The terms ``early childhood education
program'', ``educational service agency'', ``elementary
school'', ``local educational agency'', ``other staff'',
``paraprofessional'', ``parent'', ``school leader'',
``secondary school'', ``specialized instructional support
personnel'', ``State'', and ``State educational agency'' have
the meanings given the terms in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Mechanical restraint.--The term ``mechanical
restraint'' means the use of devices as a means of restricting
a student's freedom of movement.
(4) Physical escort.--The term ``physical escort'' means
the temporary touching or holding of the hand, wrist, arm,
shoulder, or back for the purpose of inducing a student who is
acting out to walk to a safe location.
(5) Physical restraint.--The term ``physical restraint''
means a personal restriction that immobilizes or reduces the
ability of an individual to move the individual's arms, legs,
torso, or head freely, except that such term does not include a
physical escort, mechanical restraint, or chemical restraint.
(6) Positive behavioral interventions and supports.--The
term ``positive behavioral interventions and supports''--
(A) means a schoolwide, systematic approach that
embeds evidence-based practices and data-driven
decision making to improve school climate and culture
in order to achieve improved academic and social
outcomes and increase learning for all students
(including students with the most complex and intensive
behavioral needs); and
(B) encompasses a range of systemic and
individualized positive strategies to teach and
reinforce school-expected behaviors, while discouraging
and diminishing undesirable behaviors.
(7) Program.--The term ``program'' means--
(A) all of the operations of a local educational
agency, system of vocational education, or other school
system;
(B) a program that serves children who receive
services for which financial assistance is provided in
accordance with the Head Start Act (42 U.S.C. 9831 et
seq.); or
(C) an elementary school or secondary school that
is not a public school that enrolls a student who
receives special education and related services under
the Individuals with Disabilities Education Act (20
U.S.C. 1400 et seq.).
(8) Program personnel.--
(A) In general.--Subject to subparagraph (B), the
term ``program personnel'' means any agent of a
program, including an individual who is employed by a
program, or who performs services for a program on a
contractual basis, including--
(i) school leaders;
(ii) teachers;
(iii) specialized instructional support
personnel;
(iv) paraprofessionals; or
(v) other staff.
(B) Exclusion.--Notwithstanding subparagraph (A),
program personnel shall not include a school resource
officer or a school security guard.
(9) Protection and advocacy system.--The term ``protection
and advocacy system'' means a protection and advocacy system
established under section 143 of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
(10) School resource officer.--The term ``school resource
officer'' means a sworn law enforcement officer who is--
(A) assigned by the employing police department to
a program;
(B) contracting with a program; or
(C) employed by a program.
(11) School security guard.--The term ``school security
guard'' means an individual who is not a sworn law enforcement
officer and who is responsible for addressing one or more of
the following safety and crime prevention activities in and
around a program:
(A) Assisting program personnel in safety
incidents.
(B) Educating students in crime and illegal drug
use prevention and safety.
(C) Developing or expanding community justice
initiatives for students.
(D) Training students in conflict resolution and
supporting restorative justice programs.
(E) Serving as a liaison between the program and
outside agencies, including other law enforcement
agencies.
(F) Screening students or visitors to the program
for prohibited items.
(12) Seclusion.--The term ``seclusion'' means the
involuntary confinement of a student alone in a room or area
from which the student is physically prevented from leaving,
except that such term does not include a time out.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(14) Special education school.--The term ``special
education school'' means a school that focuses primarily on
serving the needs of students with disabilities under the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) or section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
(15) State-approved crisis intervention training program.--
The term ``State-approved crisis intervention training
program'' means a training program approved by a State and the
Secretary that, at a minimum, provides--
(A) training in evidence-based techniques shown to
be effective in the prevention of physical restraint;
(B) evidence-based skills training related to
positive behavioral interventions and supports, safe
physical escort, conflict prevention, understanding
antecedents, de-escalation, and conflict management;
(C) training in evidence-based techniques shown to
be effective in keeping both school personnel and
students safe when imposing physical restraint;
(D) training in first aid and cardiopulmonary
resuscitation;
(E) information describing State policies and
procedures to ensure compliance with section 101; and
(F) certification for school personnel, school
resource officers, and school security guards in the
techniques and skills described in subparagraphs (A)
through (D), which shall be required to be renewed on a
periodic basis.
(16) Student.--The term ``student'' means--
(A) for purposes of title I, a student enrolled in
a program; and
(B) for purposes of title II, a student enrolled in
an elementary school or secondary school.
(17) Time out.--
(A) In general.--The term ``time out'' means a
behavior management technique that may involve the
separation of the student from the group or classroom
in a non-locked setting.
(B) Clarification.--The term ``time out'' does not
include--
(i) seclusion; or
(ii) a separation of the student described
in subparagraph (A) from which such student is
physically or otherwise prohibited from
leaving.
TITLE I--PROHIBITIONS ON RESTRAINT AND SECLUSION AND ADDITIONAL
REQUIREMENTS
SEC. 101. PROHIBITION, ADDITIONAL REQUIREMENTS.
(a) Prohibition.--No student shall be subjected to unlawful
seclusion or restraint by program personnel, a school resource officer,
or a school security guard, while attending any program that receives
Federal financial assistance.
(b) Unlawful Seclusion or Restraint Defined.--
(1) In general.--In this section, the term ``unlawful
seclusion or restraint'' means--
(A) seclusion;
(B) mechanical restraint;
(C) chemical restraint;
(D) physical restraint or physical escort that is
life threatening, that restricts breathing, or that
restricts blood flow to the brain, including prone and
supine restraint;
(E) physical restraint that is contraindicated
based on the student's disability, health care needs,
or medical or psychiatric condition, as documented in--
(i) a health care directive or medical
management plan;
(ii) a behavior intervention plan;
(iii) an individualized education program
or an individualized family service plan (as
defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401));
(iv) a plan developed pursuant to section
504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) or title II of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12131 et
seq.); or
(v) another relevant record made available
to the State or program involved; or
(F) physical restraint that is not in compliance
with subsection (e)(1).
(2) Not included.--The term ``unlawful seclusion or
restraint'' shall not include--
(A) a time out; or
(B) a device implemented by trained school
personnel, or utilized by a student, for the specific
and approved therapeutic or safety purposes for which
such devices were designed and, if applicable,
prescribed, provided that such devices are not used to
purposefully cause a student pain as a means of
behavioral modification, including--
(i) restraints for medical immobilization;
(ii) adaptive devices or mechanical
supports used to achieve proper body position,
balance, or alignment to allow greater freedom
of mobility than would be possible without the
use of such devices or mechanical supports; or
(iii) vehicle safety restraints when used
as intended during the transport of a student
in a moving vehicle.
(c) Private Right of Action.--
(1) In general.--A student who has been subjected to
unlawful seclusion or restraint in violation of subsection (a),
or the parent of such student, may file a civil action against
the program under which the violation is alleged to have
occurred in an appropriate district court of the United States
or in State court for declaratory judgement, injunctive relief,
compensatory relief, attorneys' fees, or expert fees.
(2) Limitation on liability.--Program personnel shall not
be liable to any person in a proceeding described in paragraph
(1) or in an arbitration proceeding for a violation of
subsection (a).
(3) No sovereign immunity.--No program shall be immune
under the Eleventh Amendment of the Constitution of the United
States from suit in Federal or State court for a violation of
subsection (a) of this section.
(d) Enforcement.--
(1) Investigations.--
(A) In general.--The Secretary shall address any
complaints alleging a violation of subsection (a) by an
entity described in subparagraph (A) or (C) of section
2(7) for an appropriate investigation.
(B) Head start.--The Secretary of Health and Human
Services shall address any complaints alleging a
violation of subsection (a) by an entity described in
section 2(7)(B) for an appropriate investigation.
(2) Withholding payments.--In the event a student has been
subjected to unlawful seclusion or restraint in violation of
subsection (a), the Secretary shall withhold from the program
under which the violation occurred, in whole or in part,
further payments (including payments for administrative costs)
in accordance with section 455 of the General Education
Provisions Act (20 U.S.C. 1234d).
(3) Head start programs.--The Secretary of Health and Human
Services, in coordination with the Secretary, shall--
(A) ensure that entities described in section
2(7)(B) meet the requirements described in subsection
(e);
(B) promulgate regulations with respect to how the
reporting requirements described in section 202(b)
shall be carried out with respect to Head Start
agencies (including Early Head Start agencies) under
the Head Start Act (42 U.S.C. 9801 et seq.); and
(C) in the event a student served by a program that
serves children who receive services for which
financial assistance is provided in accordance with the
Head Start Act (42 U.S.C. 9831 et seq.) has been
subjected to unlawful seclusion or restraint in
violation of subsection (a), withhold from the program
under which the violation occurred, in whole or in
part, further payments (including payments for
administrative costs) in accordance with section 646 of
the Head Start Act (42 U.S.C. 9841).
(e) Additional Requirements.--The Secretary shall ensure that each
program that receives Federal financial assistance meets the following
requirements:
(1) Physical restraint.--The use of physical restraint by
any program personnel, a school security guard, or a school
resource officer shall be considered in compliance with the
requirements of this subsection only if each of the following
requirements are met:
(A) The student's behavior poses an imminent danger
of serious physical injury to the student, program
personnel, a school security guard, a school resource
officer, or another individual.
(B) Before using physical restraint, less
restrictive interventions would be ineffective in
stopping such imminent danger of serious physical
injury.
(C) Such physical restraint is imposed by--
(i) program personnel, a school security
guard, or a school resource officer trained and
certified by a State-approved crisis
intervention training program; or
(ii) program personnel, a school security
guard, or a school resource officer not trained
and certified as described in clause (i), in
the case of a rare and clearly unavoidable
emergency circumstance when program personnel,
a school security guard, or a school resource
officer trained and certified as described in
clause (i) is not immediately available due to
the unforeseeable nature of the emergency
circumstance.
(D) Such physical restraint ends immediately upon
the cessation of the imminent danger of serious
physical injury to the student, any program personnel,
a school security guard, a school resource officer, or
another individual.
(E) The physical restraint does not interfere with
the student's ability to communicate in the student's
primary language or primary mode of communication.
(F) During the physical restraint, the least amount
of force necessary is used to protect the student or
others from the threatened injury.
(2) Training.--Each State, in consultation with program
officials and State Directors of Head Start Collaboration (as
described in section 642B of the Head Start Act (42 U.S.C.
9837b)), shall ensure that a sufficient number of program
personnel are trained and certified by a State-approved crisis
intervention training program to meet the needs of the specific
student population in each program.
(3) Prohibition on planned intervention.--The use of
physical restraint as a planned intervention shall not be
written into a student's education plan, individual safety
plan, behavioral intervention plan, or individualized education
program (as defined in section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401)), except that a
program may establish policies and procedures for use of
physical restraint in program safety or crisis plans, provided
that such a plan is not specific to any individual student.
(4) Procedures following physical restraint.--Each program
shall establish procedures to be followed after an incident
involving the imposition of physical restraint upon a student,
which shall include each of the following:
(A) Procedures to provide to the parent of the
student, with respect to such incident--
(i) an immediate verbal or electronic
communication, as soon as is practicable and
not later than the same day as the incident;
and
(ii) written notification, as soon as is
practicable, and not later than 24 hours after
the incident that shall include, at minimum--
(I) a description of the incident,
including precipitating events;
(II) positive interventions used
prior to restraint;
(III) the length of time of
restraint; and
(IV) a description of the serious
physical injury of the student or
others that occurred or was about to
occur that necessitated the use of
restraint.
(B) A meeting between parents of the student and
the program, as soon as is practicable, and not later
than 5 school days following the incident (unless such
meeting is delayed by written mutual agreement of the
parent and program)--
(i) which meeting shall include, at a
minimum--
(I) the parent of such student;
(II) the student involved (if
appropriate);
(III) the program personnel, school
resource officer, or school security
guard who imposed the restraint;
(IV) a teacher of such student;
(V) a program leader of such
student; and
(VI) an expert on behavior
interventions, who may be a special
education teacher;
(ii) the purpose of which shall be to
discuss the incident, as described by both the
student and the program personnel, school
resource officer, or school security guard
involved, including--
(I) any precipitating events;
(II) how the incident occurred; and
(III) prior positive behavioral
interventions and supports used to de-
escalate the situation; and
(iii) which meeting shall include--
(I) the discussion of proactive
strategies to prevent future need for
the use of physical restraint;
(II)(aa) for a student identified
as eligible to receive accommodations
under section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) or title II
of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12131 et seq.), or
accommodations or special education or
related services under the Individuals
with Disabilities Education Act (20
U.S.C. 1400 et seq.), a discussion of
the need for a functional behavioral
assessment and a behavior intervention
plan; or
(bb) for a student not identified
as eligible to receive accommodations
under the provisions of law described
in item (aa), evidence of a referral
for such accommodations or special
education or related services, or
documentation of the basis for
declining to make such a referral for
the student; and
(III) providing to the parent, for
use during the meeting, a written
statement from each adult witness who
was in the proximity of the student
immediately before and during the time
of the physical restraint, but was not
directly involved in such restraint.
TITLE II--STATE PLAN, REPORTING REQUIREMENTS, AND GRANTS FOR STATE
EDUCATIONAL AGENCIES
SEC. 201. DEFINITIONS.
In this title:
(1) School.--The term ``school'' means an elementary
school, secondary school, or special education school.
(2) Head start program.--The term ``Head Start program''
means a program that serves children who receive services for
which financial assistance is provided in accordance with the
Head Start Act (42 U.S.C. 9831 et seq.).
SEC. 202. STATE PLAN; REPORTING REQUIREMENTS.
(a) State Plan.--Not later than 2 years after the date of enactment
of this Act and each year thereafter, each State educational agency
shall submit to the Secretary a State plan that provides--
(1) demonstrations to the Secretary that the State has in
effect--
(A) State policies and procedures that comply with
section 101, including with respect to State-approved
crisis intervention training programs; and
(B) a State mechanism to effectively monitor and
enforce compliance with section 101;
(2) a description of the State policies and procedures,
including a description of the State-approved crisis
intervention training programs in such State and how the State
ensures accurate and timely reporting to the Department of
Education;
(3) a description of the State plan to ensure program
personnel, students, and parents (including private school
personnel, students, and parents) are aware of the State
policies and procedures;
(4) a description of the State activities described in the
State's plan under section 1111(g) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(g)) that reduce
aversive behavioral interventions and improve school
conditions;
(5) for public comment--
(A) not less than 60 days prior to submission of
the State plan, which shall provide stakeholders with
the opportunity to provide written comments on the
State plan, which shall be included in the State plan,
including--
(i) how the policies and procedures comply
with section 101;
(ii) the policies and procedures related to
State-approved crisis intervention programs;
(iii) training provided to program
personnel; and
(iv) notification procedures for parents;
and
(B) notice of which shall be provided in an
accessible format, which is compliant with the most
recent Web Content Accessibility Guidelines, or
successor guidelines, for stakeholders and posted on a
website;
(6) written response to the public comments provided by
stakeholders under paragraph (5); and
(7) a description of State oversight of schools that
includes--
(A) monitoring use of restraint in the schools;
(B) monitoring compliance with the prohibition on
seclusion in schools;
(C) not less than every 6 months, discussions
between State educational agency officials and school
leaders to examine the progress of reducing the use of
physical restraint in schools;
(D) not less than annual site visits to the special
education schools in the State; and
(E) technical assistance to focus on the use of
proactive, positive behavioral interventions and
supports.
(b) Reporting.--
(1) Reporting requirements.--Not later than 2 years after
the date of enactment of this Act, and each year thereafter--
(A) each State educational agency shall (in
compliance with the requirements of section 444 of the
General Education Provisions Act (commonly known as the
Family Educational Rights and Privacy Act of 1974) (20
U.S.C. 1232g)) prepare and submit to the Secretary, and
make available to the public, a report that includes
the information described in paragraph (2), with
respect to each local educational agency, each special
education school, and each school not under the
jurisdiction of a local educational agency, located in
the same State as such State educational agency; and
(B) each Head Start agency (including each Early
Head Start agency) designated under the Head Start Act
(42 U.S.C. 9831 et seq.) shall prepare and submit to
the Secretary and the Secretary of Health and Human
Services, and make available to the public, a report
that includes the information described in paragraph
(2), except that--
(i) such information shall be provided with
respect to each program served by the agency
and with respect to children enrolled in Head
Start programs; and
(ii) the information described in subclause
(II)(bb), subclause (III), and subclause (IV)
of paragraph (2)(B)(i) shall not be required.
(2) Information requirements.--
(A) General information requirements.--The report
described in paragraph (1) shall include with respect
to physical restraint imposed upon students in the
preceding full academic or program year--
(i) the total number of such incidents;
(ii) the total number of students upon whom
such physical restraint was imposed;
(iii) in the case in which such physical
restraint was imposed more than twice on a
student, the number of times such student or
child was so restrained; and
(iv) the total number of such incidents
where the use of physical restraint is referred
to law enforcement.
(B) Disaggregation.--
(i) General disaggregation requirements.--
The information described in subparagraph (A)
shall be disaggregated as follows:
(I) With respect to the total
number of incidents in which physical
restraint was imposed upon a student,
disaggregated by each of the following:
(aa) By those that resulted
in injury.
(bb) By those that resulted
in death.
(cc) By those in which the
program personnel imposing
physical restraint was not
trained and certified, as
described in section
101(e)(1)(C)(i).
(II) By the demographic
characteristics of all students upon
whom physical restraint was imposed,
including disaggregation--
(aa) by each major racial
and ethnic group, economically
disadvantaged students as
compared to students who are
not economically disadvantaged,
English proficiency status, and
sex;
(bb) by students with an
individualized education
program under section 614(d) of
the Individuals with
Disabilities Education Act (20
U.S.C. 1414(d));
(cc) by students who have a
plan developed pursuant to
section 504 of the
Rehabilitation Act of 1973 (29
U.S.C. 794); and
(dd) by students who have a
plan developed pursuant to
title II of the Americans with
Disabilities Act of 1990 (42
U.S.C. 12131 et seq.).
(III) By the total number of
incidents of physical restraint in
which a school resource officer or
school security guard was involved,
which may include the school resource
officer or school security guard
imposing the physical restraint or
assisting with the physical restraint.
(IV) By the type of school,
including disaggregation by special
education school, charter school, and
private school.
(ii) Unduplicated count; exception.--The
information and disaggregation required under
subparagraphs (A) and (B) shall--
(I) be carried out in a manner to
ensure an unduplicated count of the
total number of incidents in the
preceding full academic year in which
physical restraint was imposed upon a
student; and
(II) not be required in a case in
which the number of students in a
category would reveal personally
identifiable information about an
individual student.
SEC. 203. GRANTS FOR STATE EDUCATIONAL AGENCIES.
(a) Grants Authorized.--
(1) In general.--From the amount appropriated under section
307 to carry out this section for a fiscal year, the Secretary
shall award grants to State educational agencies with an
application approved under subsection (c), on the basis of
their relative need, as determined with the Secretary in
accordance with paragraph (2), to assist the State educational
agencies in--
(A) establishing, implementing, and enforcing the
policies and procedures that ensure compliance with
section 101;
(B) improving State and local capacity to collect
and analyze data related to physical restraint; and
(C) improving school climate and culture by
implementing schoolwide positive behavioral
interventions and supports, mental health supports,
restorative justice programs, trauma-informed care, and
crisis and de-escalation interventions.
(2) Determination of relative need.--In determining the
relative need of State educational agencies under paragraph
(1), the Secretary shall consider--
(A) the physical restraint and seclusion incidents
that occurred at a school served by the State
educational agencies for the most recent academic year
for which data are available;
(B) the capacity needs of the State educational
agency and the local educational agencies served by the
State educational agency to collect and analyze the
data described in paragraph (1)(B); and
(C) whether the State educational agency has been
carrying out the activities described in paragraph
(1)(C) and, if so, how the activities are being
implemented.
(3) Report.--The Secretary shall provide a report to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House of
Representatives not later than 60 days after the date the
Secretary awards a grant to a State under this section
detailing why the State was chosen and how the criteria
described in subparagraphs (A), (B), and (C) of paragraph (2)
were applied to select the State.
(b) Duration of Grant.--A grant under this section shall be awarded
to a State educational agency for a 3-year period.
(c) Application.--
(1) In general.--To be eligible to receive a grant under
this section, each State educational agency desiring a grant
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) the total number of incidents in which physical
restraint was imposed upon students for the most recent
school year;
(B) the total number of incidents in which
seclusion was imposed upon students for the most recent
school year;
(C) a description of the State's data collection
policies and procedures;
(D) a description of crisis intervention or
prevention trainings used in the State to prevent or
reduce physical restraint and seclusion (if
applicable);
(E) a description of statewide initiatives
regarding school climate and culture (if applicable),
such as schoolwide positive behavioral interventions
and supports, mental health supports, restorative
justice programs, trauma-informed care, and crisis and
de-escalation interventions;
(F) a description of activities to be funded under
the grant and the goals of such activities, including
how the activities will eliminate seclusion and reduce
and prevent physical restraint; and
(G) a description of how the activities under the
grant will coordinate and align with current Federal,
State, and local policies, programs, or activities
regarding seclusion and physical restraint, crisis
intervention, and school climate or culture.
(d) Authority To Make Subgrants.--
(1) In general.--A State educational agency receiving a
grant under this section may use such grant funds to award
subgrants, in the manner determined by the State educational
agency, to local educational agencies served by the State
educational agency.
(2) Application.--A local educational agency desiring to
receive a subgrant under this section shall submit an
application to the applicable State educational agency at such
time, in such manner, and containing such information as the
State educational agency may require.
(3) Early childhood education program participation.--A
local educational agency receiving subgrant funds under this
section shall ensure that educators working in an early
childhood education program, as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003), may participate,
to the extent practicable, on an equitable basis in activities
supported by subgrant funds under this section that are
trainings on developmentally appropriate practices for meeting
the needs of young children.
(e) Private School Participation.--
(1) In general.--A local educational agency receiving
subgrant funds under this section shall, after timely and
meaningful consultation with appropriate private school
officials, ensure that private school personnel may
participate, on an equitable basis, in activities supported by
subgrant funds under this section.
(2) Public control of funds.--The control of grant and
subgrant funds under this section, and title to materials,
equipment, and property purchased with such funds, shall be in
a public agency for the uses and purposes provided in this Act,
and a public agency shall administer such funds, materials,
equipment, and property.
(3) Provision of services.--
(A) In general.--Services described under this
section shall be provided--
(i) by employees of a public agency; or
(ii) through contract by the public agency
with an individual or entity.
(B) Independence; public agency.--An individual or
entity described in subparagraph (A)(ii) that contracts
with a public agency to provide services under this
section shall be independent of a private school and of
any religious organization. Individuals providing such
services shall be employed by and under the control and
supervision of the public agency.
(C) Commingling of funds prohibited.--Funds used to
provide services under this section shall not be
commingled with non-Federal funds.
(f) Required Activities.--A State educational agency receiving a
grant, or a local educational agency receiving a subgrant, under this
section shall use such grant or subgrant funds to carry out the
following:
(1) Establishing and implementing policies to prohibit
seclusion, mechanical restraint, chemical restraint, and other
forms of prohibited restraint in schools, consistent with
section 101.
(2) Implementing and evaluating strategies and procedures
to prevent seclusion and to prevent and reduce physical
restraint in schools, consistent with such policies.
(3) Providing professional development, training, and
certification for school personnel to comply with such
policies.
(4) Analyzing the information included in a report prepared
under section 202(b) to identify student, school personnel, and
school needs related to preventing seclusion, and preventing
and reducing the use of physical restraint.
(5) Providing training to school resource officers, school
security guards, and, as appropriate, school personnel, on how
to comply with education and civil rights laws, including the
Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) and the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.), when interacting with students with
disabilities, including, when conducting law enforcement
activities involving students with disabilities.
(g) Additional Authorized Activities.--In addition to the required
activities described in subsection (f), a State educational agency
receiving a grant, or a local educational agency receiving a subgrant,
under this section may use such grant or subgrant funds for one or more
of the following:
(1) Developing and implementing high-quality professional
development and training programs to implement evidence-based
systematic approaches to schoolwide positive behavioral
interventions and supports, including improving coaching,
facilitation, and training capacity for administrators, school
leaders, teachers, specialized instructional support personnel,
paraprofessionals, and other staff.
(2) Providing technical assistance to implement evidence-
based systematic approaches to schoolwide positive behavioral
interventions and supports, including technical assistance for
data-driven decision making related to behavioral supports and
interventions in the classroom.
(3) Researching, evaluating, and disseminating high-quality
evidence-based programs and activities that implement
schoolwide positive behavioral interventions and supports with
fidelity.
(4) Supporting other local positive behavioral
interventions and supports implementation activities consistent
with this subsection.
(5) Developing, implementing, and providing technical
assistance to support evidence-based programs that reduce the
likelihood of physical restraint, such as mental health
supports, restorative justice programs, trauma-informed care,
and crisis and de-escalation interventions.
(h) Evaluation and Report.--Each State educational agency receiving
a grant under this section shall, at the end of the 3-year grant period
for such grant--
(1) evaluate the State's progress toward the elimination of
seclusion and the prevention and reduction of physical
restraint in the schools located in the State, consistent with
section 101;
(2) submit to the Secretary a report on such progress; and
(3) publish such report on the State educational agency
website in an accessible format.
TITLE III--GENERAL PROVISIONS
SEC. 301. NATIONAL ASSESSMENT.
(a) National Assessment.--The Secretary shall carry out a national
assessment to determine the effectiveness of this Act, which shall
include--
(1) analyzing data related to incidents of physical
restraint in schools and programs that serve children who
receive services for which financial assistance is provided in
accordance with the Head Start Act (42 U.S.C. 9831 et seq.)
(referred to in this title as ``Head Start programs'');
(2) analyzing the effectiveness of Federal, State, and
local efforts to eliminate seclusion and prevent and reduce the
number of physical restraint incidents in schools and Head
Start programs;
(3) identifying the types of programs and services that
have demonstrated the greatest effectiveness in eliminating and
preventing seclusion and preventing and reducing the number of
physical restraint incidents in schools and Head Start
programs; and
(4) identifying evidence-based personnel training models
with demonstrated success in preventing seclusion and
preventing and reducing the number of physical restraint
incidents in schools and Head Start programs, including models
that emphasize positive behavioral interventions and supports
and de-escalation techniques over physical intervention.
(b) Report.--The Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives--
(1) not later than 3 years after the date of the enactment
of this Act, an interim report that summarizes the preliminary
findings of the assessment described in subsection (a); and
(2) not later than 5 years after the date of the enactment
of this Act, a final report of the findings of the assessment.
SEC. 302. PROTECTION AND ADVOCACY SYSTEMS.
(a) Notification.--In a case in which physical injury or death of a
student or of a child enrolled in a Head Start program occurs in
conjunction with the use of seclusion or physical restraint or any
intervention used to control behavior at a school or Head Start
program, the local educational agency serving such school or the agency
administering a Head Start program under the Head Start Act (42 U.S.C.
9801 et seq.) shall have procedures to--
(1) notify, in writing, not later than 24 hours after such
injury or death occurs--
(A) the State educational agency, or in the case of
an agency administering a Head Start program, the
appropriate official at the Department of Health and
Human Services;
(B) the local law enforcement agency; and
(C) the relevant protection and advocacy system;
and
(2) provide any information that the protection and
advocacy system may require.
(b) Restatement of Authority.--Protection and advocacy systems
shall have the same authorities and rights provided under subtitle C of
title I of the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15041 et seq.) with respect to protections
provided for students or children enrolled in Head Start programs under
this Act when such students or children are otherwise eligible to be
clients of the protection and advocacy system, including investigating,
monitoring, and enforcing such protections.
SEC. 303. SCHOOLS OPERATED OR FUNDED BY THE DEPARTMENT OF THE INTERIOR
OR THE DEPARTMENT OF DEFENSE.
(a) Schools Operated or Funded by Department of the Interior.--The
Secretary of the Interior shall promulgate regulations to ensure that
schools operated or funded by the Department of the Interior comply
with the requirements of title I and section 202(b).
(b) Schools Operated or Funded by the Department of Defense.--The
Secretary of Defense shall promulgate regulations to ensure that
schools operated or funded by the Department of Defense Education
Activity or otherwise operated or funded by the Department of Defense
for the education of military-connected dependents (as described in
subparagraph (B) or (D)(i) of section 7003(a)(1) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))) comply with the
requirements of title I and section 202(b).
SEC. 304. RULE OF CONSTRUCTION.
Subject to section 101(e), nothing in this Act shall be construed
to prohibit a sworn law enforcement officer with probable cause from
arresting a student for violating a Federal or State criminal law.
SEC. 305. APPLICABILITY TO PRIVATE SCHOOLS AND HOME SCHOOLS.
(a) Private Schools.--Nothing in this Act shall be construed to
affect any private school that does not receive, or does not serve
students who receive, support in any form from any program or activity
supported, in whole or in part, with Federal funds.
(b) Home Schools.--Nothing in this Act shall be construed to--
(1) affect a home school, whether or not a home school is
treated as a private school or home school under State law; or
(2) consider parents who are schooling a child at home as
program personnel.
SEC. 306. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for fiscal year 2021 and each
succeeding fiscal year.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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