[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4247 Engrossed in House (EH)]
111th CONGRESS
2d Session
H. R. 4247
_______________________________________________________________________
AN ACT
To prevent and reduce the use of physical restraint and seclusion 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.
This Act may be cited as the ``Keeping All Students Safe Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Physical restraint and seclusion have resulted in
physical injury, psychological trauma, and death to children in
public and private schools. National research shows students
have been subjected to physical restraint and seclusion in
schools as a means of discipline, to force compliance, or as a
substitute for appropriate educational support.
(2) Behavioral interventions for children must promote the
right of all children to be treated with dignity. All children
have the right to be free from physical or mental abuse,
aversive behavioral interventions that compromise health and
safety, and any physical restraint or seclusion imposed solely
for purposes of discipline or convenience.
(3) Safe, effective, evidence-based strategies are
available to support children who display challenging behaviors
in school settings. Staff training focused on the dangers of
physical restraint and seclusion as well as training in
evidence-based positive behavior supports, de-escalation
techniques, and physical restraint and seclusion prevention,
can reduce the incidence of injury, trauma, and death.
(4) School personnel have the right to work in a safe
environment and should be provided training and support to
prevent injury and trauma to themselves and others.
(5) Despite the widely recognized risks of physical
restraint and seclusion, a substantial disparity exists among
many States and localities with regard to the protection and
oversight of the rights of children and school personnel to a
safe learning environment.
(6) Children are subjected to physical restraint and
seclusion at higher rates than adults. Physical restraint which
restricts breathing or causes other body trauma, as well as
seclusion in the absence of continuous face-to-face monitoring,
have resulted in the deaths of children in schools.
(7) Children are protected from inappropriate physical
restraint and seclusion in other settings, such as hospitals,
health facilities, and non-medical community-based facilities.
Similar protections are needed in schools, yet such protections
must acknowledge the differences of the school environment.
(8) Research confirms that physical restraint and seclusion
are not therapeutic, nor are these practices effective means to
calm or teach children, and may have an opposite effect while
simultaneously decreasing a child's ability to learn.
(9) The effective implementation of school-wide positive
behavior supports is linked to greater academic achievement,
significantly fewer disciplinary problems, increased
instruction time, and staff perception of a safer teaching
environment.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) prevent and reduce the use of physical restraint and
seclusion in schools;
(2) ensure the safety of all students and school personnel
in schools and promote a positive school culture and climate;
(3) protect students from--
(A) physical or mental abuse;
(B) aversive behavioral interventions that
compromise health and safety; and
(C) any physical restraint or seclusion imposed
solely for purposes of discipline or convenience;
(4) ensure that physical restraint and seclusion are
imposed in school only when a student's behavior poses an
imminent danger of physical injury to the student, school
personnel, or others; and
(5) assist States, local educational agencies, and schools
in--
(A) establishing policies and procedures to keep
all students, including students with the most complex
and intensive behavioral needs, and school personnel
safe;
(B) providing school personnel with the necessary
tools, training, and support to ensure the safety of
all students and school personnel;
(C) collecting and analyzing data on physical
restraint and seclusion in schools; and
(D) identifying and implementing effective
evidence-based models to prevent and reduce physical
restraint and seclusion in schools.
SEC. 4. 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) Educational service agency.--The term ``educational
service agency'' has the meaning given such term in section
9101(17) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(17)).
(3) Elementary school.--The term ``elementary school'' has
the meaning given the term in section 9101(18) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(18)).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given the term in section 9101(26) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(26)).
(5) Mechanical restraint.--The term ``mechanical
restraint'' has the meaning given the term in section 595(d)(1)
of the Public Health Service Act (42 U.S.C. 290jj(d)(1)),
except that the meaning shall be applied by substituting
``student's'' for ``resident's''.
(6) Parent.--The term ``parent'' has the meaning given the
term in section 9101(31) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(31)).
(7) Physical escort.--The term ``physical escort'' has the
meaning given the term in section 595(d)(2) of the Public
Health Service Act (42 U.S.C. 290jj(d)(2)), except that the
meaning shall be applied by substituting ``student'' for
``resident''.
(8) Physical restraint.--The term ``physical restraint''
has the meaning given the term in section 595(d)(3) of the
Public Health Service Act (42 U.S.C. 290jj(d)(3)).
(9) Positive behavior supports.--The term ``positive
behavior supports'' means a systematic approach to embed
evidence-based practices and data-driven decisionmaking to
improve school climate and culture, including a range of
systemic and individualized strategies to reinforce desired
behaviors and diminish reoccurrence of problem behaviors, in
order to achieve improved academic and social outcomes and
increase learning for all students, including those with the
most complex and intensive behavioral needs.
(10) 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).
(11) School.--The term ``school'' means an entity--
(A) that--
(i) is a public or private--
(I) day or residential elementary
school or secondary school; or
(II) early childhood, elementary
school, or secondary school program
that is under the jurisdiction of a
school, local educational agency,
educational service agency, or other
educational institution or program; and
(ii) receives, or serves students who
receive, support in any form from any program
supported, in whole or in part, with funds
appropriated to the Department of Education; or
(B) that is a school funded or operated by the
Department of the Interior.
(12) School personnel.--The term ``school personnel'' has
the meaning--
(A) given the term in section 4151(10) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7161(10)); and
(B) given the term ``school resource officer'' in
section 4151(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7161(11)).
(13) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101(38) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(38)).
(14) Seclusion.--The term ``seclusion'' has the meaning
given the term in section 595(d)(4) of the Public Health
Service Act (42 U.S.C. 290jj(d)(4)).
(15) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(16) 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
and seclusion;
(B) training in evidence-based techniques shown to
be effective in keeping both school personnel and
students safe when imposing physical restraint or
seclusion;
(C) evidence-based skills training related to
positive behavior supports, safe physical escort,
conflict prevention, understanding antecedents, de-
escalation, and conflict management;
(D) training in first aid and cardiopulmonary
resuscitation;
(E) information describing State policies and
procedures that meet the minimum standards established
by regulations promulgated pursuant to section 5(a);
and
(F) certification for school personnel in the
techniques and skills described in subparagraphs (A)
through (D), which shall be required to be renewed on a
periodic basis.
(17) State.--The term ``State'' has the meaning given the
term in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(18) State educational agency.--The term ``State
educational agency'' has the meaning given the term in section
9101(41) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801(41)).
(19) Student.--The term ``student'' means a student
enrolled in a school defined in section 11, except that in the
case of a private school or private program, such term means a
student enrolled in such school or program who receives support
in any form from any program supported, in whole or in part,
with funds appropriated to the Department of Education.
(20) Time out.--The term ``time out'' has the meaning given
the term in section 595(d)(5) of the Public Health Service Act
(42 U.S.C. 290jj(d)(5)), except that the meaning shall be
applied by substituting ``student'' for ``resident''.
SEC. 5. MINIMUM STANDARDS; RULE OF CONSTRUCTION.
(a) Minimum Standards.--Not later than 180 days after the date of
the enactment of this Act, in order to protect each student from
physical or mental abuse, aversive behavioral interventions that
compromise student health and safety, or any physical restraint or
seclusion imposed solely for purposes of discipline or convenience or
in a manner otherwise inconsistent with this Act, the Secretary shall
promulgate regulations establishing the following minimum standards:
(1) School personnel shall be prohibited from imposing on
any student the following:
(A) Mechanical restraints.
(B) Chemical restraints.
(C) Physical restraint or physical escort that
restricts breathing.
(D) Aversive behavioral interventions that
compromise health and safety.
(2) School personnel shall be prohibited from imposing
physical restraint or seclusion on a student unless--
(A) the student's behavior poses an imminent danger
of physical injury to the student, school personnel, or
others;
(B) less restrictive interventions would be
ineffective in stopping such imminent danger of
physical injury;
(C) such physical restraint or seclusion is imposed
by school personnel who--
(i) continuously monitor the student face-
to-face; or
(ii) if school personnel safety is
significantly compromised by such face-to-face
monitoring, are in continuous direct visual
contact with the student;
(D) such physical restraint or seclusion is imposed
by--
(i) school personnel trained and certified
by a State-approved crisis intervention
training program (as defined in section 4(16));
or
(ii) other school personnel in the case of
a rare and clearly unavoidable emergency
circumstance when school personnel trained and
certified as described in clause (i) are not
immediately available due to the unforeseeable
nature of the emergency circumstance; and
(E) such physical restraint or seclusion end
immediately upon the cessation of the conditions
described in subparagraphs (A) and (B).
(3) States, in consultation with local educational agencies
and private school officials, shall ensure that a sufficient
number of personnel are trained and certified by a State-
approved crisis intervention training program (as defined in
section 4(16)) to meet the needs of the specific student
population in each school.
(4) The use of physical restraint or seclusion as a planned
intervention shall not be written into a student's education
plan, individual safety plan, behavioral plan, or
individualized education program (as defined in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401)). Local educational agencies or schools may establish
policies and procedures for use of physical restraint or
seclusion in school safety or crisis plans, provided that such
school plans are not specific to any individual student.
(5) Schools shall establish procedures to be followed after
each incident involving the imposition of physical restraint or
seclusion upon a student, including--
(A) procedures to provide to the parent of the
student, with respect to each such incident--
(i) an immediate verbal or electronic
communication on the same day as each such
incident; and
(ii) within 24 hours of each such incident,
written notification; and
(B) any other procedures the Secretary determines
appropriate.
(b) Secretary of the Interior.--The Secretary of the Interior shall
ensure that schools operated or funded by the Department of the
Interior comply with the regulations promulgated by the Secretary under
subsection (a).
(c) Rule of Construction.--Nothing in this section shall be
construed to authorize the Secretary to promulgate regulations
prohibiting the use of--
(1) time out (as defined in section 4(20)); or
(2) devices 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, including--
(A) restraints for medical immobilization;
(B) 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
(C) vehicle safety restraints when used as intended
during the transport of a student in a moving vehicle;
or
(3) handcuffs by school resource officers (as such term is
defined in section 4151(11) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7161(11)))--
(A) in the--
(i) case when a student's behavior poses an
imminent danger of physical injury to the
student, school personnel, or others; or
(ii) lawful exercise of law enforcement
duties; and
(B) less restrictive interventions would be
ineffective.
SEC. 6. STATE PLAN AND REPORT REQUIREMENTS AND ENFORCEMENT.
(a) State Plan.--Not later than 2 years after the Secretary
promulgates regulations pursuant to section 5(a), and each year
thereafter, each State educational agency shall submit to the Secretary
a State plan that provides--
(1) assurances to the Secretary that the State has in
effect--
(A) State policies and procedures that meet the
minimum standards, including the standards with respect
to State-approved crisis intervention training
programs, established by regulations promulgated
pursuant to section 5(a); and
(B) a State mechanism to effectively monitor and
enforce the minimum standards;
(2) a description of the State policies and procedures,
including a description of the State-approved crisis
intervention training programs in such State; and
(3) a description of the State plans to ensure school
personnel and parents, including private school personnel and
parents, are aware of the State policies and procedures.
(b) Reporting.--
(1) Reporting requirements.--Not later than 2 years after
the date the Secretary promulgates regulations pursuant to
section 5(a), and each year thereafter, 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 with respect to each local
educational agency, and each school not under the jurisdiction
of a local educational agency, located in the same State as
such State educational agency that includes the information
described in paragraph (2).
(2) Information requirements.--
(A) General information requirements.--The report
described in paragraph (1) shall include information
on--
(i) the total number of incidents in the
preceding full-academic year in which physical
restraint was imposed upon a student; and
(ii) the total number of incidents in the
preceding full-academic year in which seclusion
was imposed upon a student.
(B) Disaggregation.--
(i) General disaggregation requirements.--
The information described in subparagraph (A)
shall be disaggregated by--
(I) the total number of incidents
in which physical restraint or
seclusion was imposed upon a student--
(aa) that resulted in
injury;
(bb) that resulted in
death; and
(cc) in which the school
personnel imposing physical
restraint or seclusion were not
trained and certified as
described in section
5(a)(2)(D)(i); and
(II) the demographic
characteristics of all students upon
whom physical restraint or seclusion
was imposed, including--
(aa) the categories
identified in section
1111(h)(1)(C)(i) of the
Elementary and Secondary
Education Act of 1965 (20
U.S.C. 6311(h)(1)(C)(i));
(bb) age; and
(cc) disability status
(which has the meaning given
the term ``individual with a
disability'' in section 7(20)
of the Rehabilitation Act of
1973 (29 U.S.C. 705(20))).
(ii) Unduplicated count; exception.--The
disaggregation required under clause (i)
shall--
(I) be carried out in a manner to
ensure an unduplicated count of the--
(aa) total number of
incidents in the preceding
full-academic year in which
physical restraint was imposed
upon a student; and
(bb) total number of
incidents in the preceding
full-academic year in which
seclusion 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.
(c) Enforcement.--
(1) In general.--
(A) Use of remedies.--If a State educational agency
fails to comply with subsection (a) or (b), the
Secretary shall--
(i) withhold, in whole or in part, further
payments under an applicable program (as such
term is defined in section 400(c) of the
General Education Provisions Act (20 U.S.C.
1221)) in accordance with section 455 of such
Act (20 U.S.C. 1234d);
(ii) require a State educational agency to
submit, and implement, within 1 year of such
failure to comply, a corrective plan of action,
which may include redirection of funds received
under an applicable program; or
(iii) issue a complaint to compel
compliance of the State educational agency
through a cease and desist order, in the same
manner the Secretary is authorized to take such
action under section 456 of the General
Education Provisions Act (20 U.S.C. 1234e).
(B) Cessation of withholding of funds.--Whenever
the Secretary determines (whether by certification or
other appropriate evidence) that a State educational
agency who is subject to the withholding of payments
under subparagraph (A)(i) has cured the failure
providing the basis for the withholding of payments,
the Secretary shall cease the withholding of payments
with respect to the State educational agency under such
subparagraph.
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit the Secretary's authority under the
General Education Provisions Act (20 U.S.C. 1221 et seq.).
SEC. 7. GRANT AUTHORITY.
(a) In General.--From the amount appropriated under section 12, the
Secretary may award grants to State educational agencies to assist the
agencies in--
(1) establishing, implementing, and enforcing the policies
and procedures to meet the minimum standards established by
regulations promulgated by the Secretary pursuant to section
5(a);
(2) improving State and local capacity to collect and
analyze data related to physical restraint and seclusion; and
(3) improving school climate and culture by implementing
school-wide positive behavior support approaches.
(b) Duration of Grant.--A grant under this section shall be awarded
to a State educational agency for a 3-year period.
(c) Application.--Each State educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require, including information on how the State
educational agency will target resources to schools and local
educational agencies in need of assistance related to preventing and
reducing physical restraint and seclusion.
(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, on a competitive basis, to local educational
agencies.
(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.
(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 can
participate, on an equitable basis, in activities supported by
grant or subgrant funds.
(2) Public control of funds.--The control of funds provided
under this section, and title to materials, equipment, and
property purchased with such funds, shall be in a public
agency, and a public agency shall administer such funds,
materials, equipment, and property.
(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) Researching, developing, implementing, and evaluating
strategies, policies, and procedures to prevent and reduce
physical restraint and seclusion in schools, consistent with
the minimum standards established by regulations promulgated by
the Secretary pursuant to section 5(a).
(2) Providing professional development, training, and
certification for school personnel to meet such standards.
(3) Carrying out the reporting requirements under section
6(b) and analyzing the information included in a report
prepared under such section to identify student, school
personnel, and school needs related to use of physical
restraint and seclusion.
(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 school-wide positive behavior
supports, including improving coaching, facilitation, and
training capacity for administrators, teachers, specialized
instructional support personnel, and other staff.
(2) Providing technical assistance to develop and implement
evidence-based systematic approaches to school-wide positive
behavior 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 school-
wide positive behavior supports with fidelity.
(4) Supporting other local positive behavior support
implementation activities consistent with this subsection.
(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 prevention and
reduction of physical restraint and seclusion in the schools
located in the State, consistent with the minimum standards
established by regulations promulgated by the Secretary
pursuant to section 5(a); and
(2) submit to the Secretary a report on such progress.
(i) Department of the Interior.--From the amount appropriated under
section 12, the Secretary may allocate funds to the Secretary of the
Interior for activities under this section with respect to schools
operated or funded by the Department of the Interior, under such terms
as the Secretary of Education may prescribe.
SEC. 8. 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 physical restraint and
seclusion incidents;
(2) analyzing the effectiveness of Federal, State, and
local efforts to prevent and reduce the number of physical
restraint and seclusion incidents in schools;
(3) identifying the types of programs and services that
have demonstrated the greatest effectiveness in preventing and
reducing the number of physical restraint and seclusion
incidents in schools; and
(4) identifying evidence-based personnel training models
with demonstrated success in preventing and reducing the number
of physical restraint and seclusion incidents in schools,
including models that emphasize positive behavior supports and
de-escalation techniques over physical intervention.
(b) Report.--The Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate--
(1) an interim report that summarizes the preliminary
findings of the assessment described in subsection (a) not
later than 3 years after the date of enactment of this Act; and
(2) a final report of the findings of the assessment not
later than 5 years after the date of the enactment of this Act.
SEC. 9. PROTECTION AND ADVOCACY SYSTEMS.
Protection and Advocacy Systems shall have the authority provided
under section 143 of the Developmental Disabilities Assistance and Bill
of Rights Act of 2000 (42 U.S.C. 15043) to investigate, monitor, and
enforce protections provided for students under this Act.
SEC. 10. HEAD START PROGRAMS.
(a) Regulations.--The Secretary of Health and Human Services, in
consultation with the Secretary, shall promulgate regulations with
respect to Head Start agencies administering Head Start programs under
the Head Start Act (42 U.S.C. 9801 et seq.) that establish requirements
consistent with--
(1) the requirements established by regulations promulgated
pursuant to section 5(a); and
(2) the reporting and enforcement requirements described in
subsections (b) and (c) of section 6.
(b) Grant Authority.--From the amount appropriated under section
12, the Secretary may allocate funds to the Secretary of Health and
Human Services to assist the Head Start agencies in establishing,
implementing, and enforcing policies and procedures to meet the
requirements established by regulations promulgated pursuant to
subsection (a).
SEC. 11. LIMITATION OF AUTHORITY.
(a) In General.--Nothing in this Act shall be construed to restrict
or limit, or allow the Secretary to restrict or limit, any other rights
or remedies otherwise available to students or parents under Federal or
State law or regulation.
(b) Applicability.--
(1) 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 supported, in whole or in part, with funds
appropriated to the Department of Education.
(2) Home schools.--Nothing in this Act shall be construed
to--
(A) affect a home school, whether or not a home
school is treated as a private school or home school
under State law; or
(B) consider parents who are schooling a child at
home as school personnel.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for fiscal year 2011 and each of the 4
succeeding fiscal years.
SEC. 13. PRESUMPTION OF CONGRESS RELATING TO COMPETITIVE PROCEDURES.
(a) Presumption.--It is the presumption of Congress that grants
awarded under this Act will be awarded using competitive procedures
based on merit.
(b) Report to Congress.--If grants are awarded under this Act using
procedures other than competitive procedures, the Secretary shall
submit to Congress a report explaining why competitive procedures were
not used.
SEC. 14. PROHIBITION ON EARMARKS.
None of the funds appropriated to carry out this Act may be used
for a congressional earmark as defined in clause 9e, of Rule XXI of the
rules of the House of Representatives of the 111th Congress.
Passed the House of Representatives March 3, 2010.
Attest:
Clerk.
111th CONGRESS
2d Session
H. R. 4247
_______________________________________________________________________
AN ACT
To prevent and reduce the use of physical restraint and seclusion in
schools, and for other purposes.