[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4247 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4247

 To prevent and reduce the use of physical restraint and seclusion in 
                    schools, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 9, 2009

Mr. George Miller of California (for himself and Mrs. McMorris Rodgers) 
 introduced the following bill; which was referred to the Committee on 
                          Education and Labor

_______________________________________________________________________

                                 A BILL


 
 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 ``Preventing Harmful Restraint and 
Seclusion in Schools 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 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 and school personnel safe, including 
                students with the most complex and intensive behavioral 
                needs;
                    (B) providing school personnel with the necessary 
                tools, training, and support to ensure the safety of 
                all students and all 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 for the 
                standard treatment of a student's medical or 
                psychiatric condition; and
                    (B) administered as prescribed by the licensed 
                physician.
            (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 that--
                    (A) 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, educational service 
                        agency, or other educational institution or 
                        program; and
                    (B) receives, or serves students who receive, 
                support in any form from any program supported in whole 
                or in part, directly or indirectly, with funds 
                appropriated to the Department of Education.
            (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 such 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 training program.--The term ``State-
        approved training program'' means a training program approved 
        by a State and the Secretary that, at a minimum, provides--
                    (A) evidence-based techniques shown to be effective 
                in the prevention, and safe use, of physical restraint 
                and seclusion;
                    (B) evidence-based skills training related to 
                positive behavior supports, safe physical escort, 
                conflict prevention, de-escalation, and conflict 
                management;
                    (C) first aid and cardiopulmonary resuscitation; 
                and
                    (D) certification for school personnel in the 
                techniques and skills described in subparagraphs (A) 
                through (C), 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 such 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 paragraph (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, directly or indirectly, 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 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 and local educational agencies shall ensure that 
        a sufficient number of personnel are trained and certified by a 
        State-approved 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 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) 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 a 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.

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 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 training programs 
        in such State; and
            (3) a description of the plans to ensure 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 General Education 
                        Provisions Act (20 U.S.C. 1234d).
                    (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) 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.
    (f) Additional Authorized Activities.--In addition to the required 
activities described in subsection (e), 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.
    (g) 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.

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.

    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.

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.
                                 <all>