1.This Act may be cited as the Keeping
All Students Safe Act
.
2.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.
3.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.
4.In this Act:
(1)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 agencyThe 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)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)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)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)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)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)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 supportsThe 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
systemThe 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)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)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)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)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)The term Secretary means the
Secretary of Education.
(16)State-approved crisis intervention training
programThe 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)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)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)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)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
.
5.Minimum Standards; Rule of
construction
(a)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 InteriorThe 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)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.
6.State Plan and Report Requirements and
Enforcement
(a)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)
(1)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)
(A)General Information
RequirementsThe 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)
(i)General Disaggregation
RequirementsThe 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; ExceptionThe 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)
(1)
(A)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
FundsWhenever 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)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.).
7.
(a)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)A grant under this section shall be awarded
to a State educational agency for a 3-year period.
(c)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)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)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)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)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)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
activitiesIn 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)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 InteriorFrom 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.
8.
(a)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)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.
9.Protection and Advocacy
SystemsProtection 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.
10.
(a)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)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).
11.
(a)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)
(1)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)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.
12.Authorization of
appropriationsThere 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.
13.Presumption of Congress relating to
competitive procedures
(a)It is the presumption of Congress that
grants awarded under this Act will be awarded using competitive procedures
based on merit.
(b)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.
14.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.
Lorraine C. Miller,
Clerk.