[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3895 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3895

     To protect students from inappropriate seclusion and physical 
                   restraint, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

  Mr. Dodd (for himself and Mr. Burr) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
     To protect students from inappropriate seclusion and physical 
                   restraint, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Keeping All 
Students Safe Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
   TITLE I--PREVENTION OF SECLUSION AND PHYSICAL RESTRAINT IN SCHOOLS

Sec. 101. Definitions.
Sec. 102. Minimum standards; rule of construction.
Sec. 103. State plan and data collection requirements and enforcement.
Sec. 104. Grant authority.
Sec. 105. National evaluation.
Sec. 106. Head Start programs.
Sec. 107. Rule of authority.
Sec. 108. Limitation of authority.
Sec. 109. Authorization of appropriations.
                 TITLE II--AMENDMENTS TO EDUCATION LAWS

Sec. 201. Elementary and Secondary Education Act of 1965.
Sec. 202. Higher Education Act of 1965.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Seclusion and physical restraint have resulted in 
        serious bodily injury, psychological trauma, and death to 
        children in schools. National research shows children have been 
        subjected to inappropriate seclusion and physical restraint in 
        schools as a means of discipline, to force compliance, or as a 
        substitute for appropriate educational support.
            (2) Despite the widely recognized risks of seclusion and 
        physical restraint, a substantial disparity exists between 
        States and localities with regard to the protection and 
        oversight of the rights of children to a safe learning 
        environment.
            (3) 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.
            (4) Research confirms that--
                    (A) seclusion and physical restraint are not 
                therapeutic; and
                    (B) these practices are not effective means to calm 
                or teach children and may have an opposite effect while 
                simultaneously decreasing a child's ability to learn.
            (5) Children are subjected to seclusion and physical 
        restraint at higher rates than adults and are at greater risk 
        of injury. Physical restraint that restricts air flow to the 
        lungs, as well as seclusion in the absence of continuous face-
        to-face monitoring, has resulted in the deaths of children in 
        schools.
            (6) 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 abuse, any aversive behavioral 
        intervention that compromises health and safety, and any 
        physical restraint or seclusion imposed for purposes of 
        discipline or convenience.
            (7) Safe and effective evidence-based strategies are 
        available to support children who display challenging behaviors 
        in school settings. Staff training focused on the dangers of 
        seclusion and physical restraint, as well as training in 
        evidence-based positive behavioral interventions and supports, 
        de-escalation techniques, and seclusion and physical restraint 
        prevention can reduce injury, trauma, and death.
            (8) 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.
            (9) The effective implementation of school-wide positive 
        behavioral interventions and supports is linked to greater 
        academic achievement, significantly fewer disciplinary 
        problems, increased instruction time, and staff perception of a 
        safer teaching environment.
            (10) Perspectives of parents and relevant community and 
        advocacy organizations, including those run by individuals with 
        disabilities, are important when developing and implementing 
        strategies, policies, and procedures to prevent or reduce 
        seclusion and physical restraint in schools.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) prevent and reduce the use of seclusion and physical 
        restraint 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) abuse;
                    (B) any aversive behavioral intervention that 
                compromises health and safety; and
                    (C) any physical restraint or seclusion imposed for 
                purposes of discipline or convenience;
            (4) ensure that seclusion and physical restraint are 
        imposed in school only when a student's behavior poses an 
        imminent danger of serious bodily 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 all school personnel;
                    (C) collecting and analyzing data on seclusion and 
                physical restraint in schools;
                    (D) implementing systemic approaches to school-wide 
                positive behavioral interventions and supports; and
                    (E) identifying and implementing effective 
                evidence-based models to prevent and reduce seclusion 
                and physical restraint in schools.

   TITLE I--PREVENTION OF SECLUSION AND PHYSICAL RESTRAINT IN SCHOOLS

SEC. 101. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``educational service 
        agency'', ``elementary school'', ``local educational agency'', 
        ``parent'', ``secondary school'', and ``State'' have the 
        meanings given such terms in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) Applicable program.--The term ``applicable program'' 
        has the meaning given the term in section 400(c) of the General 
        Education Provisions Act (20 U.S.C. 1221(c)).
            (3) 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 
                standard treatment of the student's medical or 
                psychiatric condition; or
                    (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.
            (4) Free appropriate public education.--The term ``free 
        appropriate public education'' has the meaning given the term 
        in section 602 of the Individuals with Disabilities Education 
        Act (20 U.S.C. 1401).
            (5) Mechanical restraint.--The term ``mechanical 
        restraint'' means the use of devices as a means of restricting 
        a student's freedom of movement.
            (6) Positive behavioral interventions and supports.--The 
        term ``positive behavioral interventions and 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.
            (7) Protection and advocacy system.--
                    (A) In general.--The term ``protection and advocacy 
                system'' means a protection and advocacy system 
                authorized under a covered provision.
                    (B) Covered provision.--In this paragraph, the term 
                ``covered provision'' means subtitle C of title I of 
                the Developmental Disabilities Assistance and Bill of 
                Rights Act of 2000 (42 U.S.C. 15041 et seq.).
            (8) Physical escort.--The term ``physical escort'' means 
        the temporary touching or holding of the hand, wrist, arm, 
        shoulder, or back for the purpose of inducing a student who is 
        acting out to walk to a safe location.
            (9) Physical restraint.--The term ``physical restraint'' 
        means a personal restriction that immobilizes or reduces the 
        ability of an individual to move the individual's arms, legs, 
        body, or head freely. Such term does not include a physical 
        escort.
            (10) School.--The term ``school'' means an entity that--
                    (A)(i) is--
                            (I) a public day or residential elementary 
                        school or secondary school; or
                            (II) an early childhood program that is 
                        under the jurisdiction of a public school, 
                        educational service agency, or other public 
                        educational institution or program; and 
                        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;
                    (B) is a private day or residential elementary 
                school or secondary school that receives or serves a 
                student who has been placed or referred to such school 
                by, or whose education at such school is paid for by, a 
                State or local educational agency under paragraph (B) 
                or (C) of section 612(a)(10) of the Individuals with 
                Disabilities Education Act (20 U.S.C. 1412(a)(10)(B), 
                (C)), in order to provide the student with a free 
                appropriate public education; or
                    (C) is a school funded or operated by the 
                Department of the Interior.
            (11) School personnel.--The term ``school personnel'' means 
        school personnel and school resource officers, as such terms 
        are defined in section 4151 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7161), who are employed in a 
        school.
            (12) Seclusion.--The term ``seclusion'' means a behavior 
        control technique involving the involuntary confinement of a 
        student alone in a room, or other area, from which the student 
        is physically prevented from leaving. Such term does not 
        include a time out.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (14) Serious bodily injury.--The term ``serious bodily 
        injury'' has the meaning given the term in section 1365(h) of 
        title 18, United States Code.
            (15) State-approved training program.--The term ``State-
        approved training program'' means a training program approved 
        by a State that, at a minimum, provides--
                    (A) training in evidence-based techniques shown to 
                be effective in the prevention of seclusion and 
                physical restraint;
                    (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 that is related 
                to positive behavioral interventions and supports, 
                conflict prevention, functional behavior assessments, 
                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 102(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.
            (16) State educational agency.--The term ``State 
        educational agency'' means a State educational agency, as 
        defined in section 9101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801), that receives support 
        in any form from an applicable program.
            (17) Student.--The term ``student'' means a student--
                    (A) who is enrolled in a school described in 
                subparagraph (A) or (C) of paragraph (10); or
                    (B) who is enrolled in a private school described 
                in paragraph (10)(B) and who is receiving a free 
                appropriate public education at the school, under 
                subparagraph (B) or (C) of section 612(a)(10) of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1412(a)(10)(B), (C)).
            (18) Time out.--The term ``time out'' means a behavior 
        management technique that is part of an approved treatment 
        program and may involve the separation of the student from the 
        group, in a non-locked setting, for the purpose of calming. 
        Time out is not seclusion.

SEC. 102. MINIMUM STANDARDS; RULE OF CONSTRUCTION.

    (a) Minimum Standards.--Not later than 1 year after the date of 
enactment of this Act, in order to protect each student from any 
aversive behavioral intervention that compromises student health and 
safety or any physical restraint or seclusion imposed 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 restraint.
                    (B) Chemical restraint.
                    (C) Physical restraint or physical escort that 
                restricts breathing.
                    (D) Aversive behavioral intervention that 
                compromises 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 serious bodily injury to the student, school 
                personnel, or others; and
                    (B) less restrictive interventions would be 
                ineffective in stopping such imminent danger of serious 
                bodily injury.
            (3) In the event physical restraint or seclusion is imposed 
        upon a student, such physical restraint or seclusion shall--
                    (A) end upon the cessation of the conditions 
                described in paragraph (2);
                    (B) be imposed by school personnel who--
                            (i) continuously monitor the student face-
                        to-face; or
                            (ii) if school personnel safety would be 
                        significantly compromised by such face-to-face 
                        monitoring, are in continuous direct visual 
                        contact with the student; and
                    (C) be imposed by--
                            (i) school personnel trained and certified 
                        by a State-approved training program; 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.
            (4) Each State, in consultation with local educational 
        agencies and private schools, shall ensure that a sufficient 
        number of school personnel are trained and certified by a 
        State-approved training program to meet the needs of the 
        specific student population in each school.
            (5) The use of physical restraint or seclusion shall not be 
        written into a student's education plan, individual safety 
        plan, behavioral plan, or individualized education program (as 
        defined in section 614(d) of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1414(d))) unless all of the following 
        conditions apply:
                    (A) The use of physical restraint and seclusion 
                complies with the minimum standards of this section and 
                any other applicable State law (including regulations) 
                regarding physical restraint or seclusion, to the 
                extent State law (including regulations) provide 
                additional protection for students.
                    (B) The student has a documented history showing a 
                series of behaviors in the preceding 2 years that has 
                created an imminent danger of serious bodily injury in 
                school.
                    (C) A comprehensive, data-driven functional 
                behavior assessment has been conducted, and a 
                behavioral intervention plan implemented, by a 
                qualified team of professionals.
            (6) After the imposition of physical restraint or seclusion 
        upon a student, all school personnel involved in the physical 
        restraint or seclusion and appropriate supervisory and 
        administrative staff shall participate in a debriefing session. 
        The debriefing session shall occur not later than 5 school days 
        following the imposition of physical restraint or seclusion, 
        unless the debriefing session is delayed, at the request of a 
        student's parent so that the parent can also attend. The 
        debriefing session shall include--
                    (A) documentation of circumstances leading to use 
                of physical restraint or seclusion;
                    (B) planning to prevent and reduce reoccurrence of 
                the use of physical restraint or seclusion; and
                    (C) a plan to have a qualified team of 
                professionals conduct, review, or revise a functional 
                behavioral assessment.
            (7) Each local educational agency shall establish 
        procedures to be followed after each incident in a school 
        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) a documented, reasonable attempt to 
                        provide immediate verbal or electronic 
                        communication on the same day as each such 
                        incident;
                            (ii) within 24 hours of each such incident, 
                        written notification; and
                            (iii) advance notice of the debriefing 
                        session described in paragraph (6) that will be 
                        held regarding such incident and an opportunity 
                        to attend the debriefing session or request 
                        that the debriefing session be rescheduled so 
                        that the parent may attend; and
                    (B) in a case in which serious bodily injury or 
                death of a student of the school occurs from the use of 
                seclusion or physical restraint, procedures to notify, 
                in writing, within 24 hours after such injury or death 
                occurs--
                            (i) the State educational agency and local 
                        educational agency;
                            (ii) a protection and advocacy system, in 
                        the case of a student who is eligible for 
                        protection and advocacy services through that 
                        system; and
                            (iii) if appropriate, law enforcement 
                        officials.
    (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 Regarding Certain Practices.--Nothing in 
this section shall be construed to authorize the Secretary to 
promulgate regulations prohibiting the use of--
            (1) time out;
            (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 a mechanical support; 
                or
                    (C) vehicle safety restraints when used as intended 
                during the transport of a student in a moving vehicle; 
                and
            (3) handcuffs by school resource officers (as such term is 
        defined in section 4151 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7161))--
                    (A)(i) in the case where a student's behavior poses 
                an imminent danger of serious bodily injury to the 
                student, school personnel, or others; or
                    (ii) in the lawful exercise of law enforcement 
                duties; and
                    (B) if less restrictive interventions would be 
                ineffective.
    (d) Interaction With Minimum Standards and State Law (including 
Regulations).--
            (1) In general.--Any education plan, individual safety 
        plan, behavioral plan, or individualized education program (as 
        defined in section 614(d) of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1414(d))) for a student in a State 
        shall conform to the minimum standards described in subsection 
        (a) and with State law (including regulations) regarding 
        physical restraint or seclusion, to the extent State law 
        (including regulations) provide additional protection for 
        students.
            (2) Individualized education programs.--With respect to a 
        student attending a school served by a State educational 
        agency, the requirements under subsection (a)(5) shall be 
        treated, for all purposes under the Individuals with 
        Disabilities Education Act (20 U.S.C. 1400 et seq.), as if such 
        requirements were included in section 614(d) of such Act (20 
        U.S.C. 1414(d)), notwithstanding any other provision of law.

SEC. 103. STATE PLAN AND DATA COLLECTION REQUIREMENTS AND ENFORCEMENT.

    (a) State Plan.--
            (1) Submission of plans.--Not later than 2 years after the 
        Secretary promulgates regulations pursuant to section 102(a), 
        and every 3 years thereafter, each State educational agency 
        shall submit to the Secretary, and make available to the 
        general public, a State plan that provides--
                    (A) assurances to the Secretary that the State has 
                in effect--
                            (i) State policies and procedures that meet 
                        the minimum standards, including the standards 
                        with respect to State-approved training 
                        programs, established by the regulations 
                        prescribed by the Secretary pursuant to section 
                        102(a); and
                            (ii) a State mechanism to effectively 
                        monitor and enforce the minimum standards;
                    (B) a description of the State policies and 
                procedures described in subparagraph (A)(i); and
                    (C) a description of the plans to ensure school 
                personnel and parents, including private school 
                personnel and parents, are aware of the State policies 
                and procedures.
            (2) Updated plans.--Each State educational agency shall 
        submit a new State plan to the Secretary each time the State 
        educational agency updates or makes a material change in the 
        State plan.
    (b) Reporting.--
            (1) Reporting requirements.--Not later than 2 years after 
        the date the Secretary promulgates regulations pursuant to 
        section 102(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 
                                        serious bodily injury to a 
                                        student;
                                            (bb) that resulted in 
                                        serious bodily injury to school 
                                        personnel;
                                            (cc) that resulted in the 
                                        death of a student;
                                            (dd) in which the school 
                                        personnel imposing physical 
                                        restraint or seclusion were not 
                                        trained and certified as 
                                        described in section 
                                        102(a)(3)(C)(i); and
                                            (ee) in a way that did not 
                                        meet the minimum standards 
                                        established by the regulations 
                                        prescribed by the Secretary 
                                        pursuant to section 102(a); and
                                    (II) the demographic 
                                characteristics of all students upon 
                                whom physical restraint or seclusion 
                                was imposed, including--
                                            (aa) the categories 
                                        described 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 paragraph (20) 
                                        (except for subparagraph (A)) 
                                        of section 7 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) require the State educational agency to 
                        submit and implement, not later than 1 year 
                        after the State's failure to comply, a 
                        corrective plan of action, which may include 
                        redirection of funds received under an 
                        applicable program after the date of enactment 
                        of this Act;
                            (ii) withhold from the State educational 
                        agency, in whole or in part, further payments 
                        under an applicable program in accordance with 
                        section 455 of the General Education Provisions 
                        Act (20 U.S.C. 1234d); 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 that is subject to the withholding of payments 
                under subparagraph (A)(ii) 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. 104. GRANT AUTHORITY.

    (a) In General.--From the amount appropriated under section 109, 
the Secretary may award grants to State educational agencies to assist 
the State educational agencies in--
            (1) establishing, implementing, and enforcing the policies 
        and procedures to meet the minimum standards required by 
        regulations prescribed by the Secretary pursuant to section 
        102(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 behavioral interventions and supports.
    (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 carry out the activities described 
        in subsections (f) and (g), as required under the grant, by 
        awarding subgrants, on a competitive basis, to local 
        educational agencies.
            (2) Application.--A local educational agency desiring to 
        receive a subgrant under paragraph (1) 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 a 
        subgrant under this section shall, after timely and meaningful 
        consultation with appropriate private school officials in the 
        school district served by the local educational agency, ensure 
        that private school personnel can participate, on an equitable 
        basis, in activities supported by 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 under this section shall use such grant funds to carry out all of 
the following:
            (1) Researching, developing, implementing, and evaluating 
        strategies, policies, and procedures to prevent and reduce 
        seclusion and physical restraint in schools consistent with the 
        minimum standards required by regulations prescribed by the 
        Secretary pursuant to section 102(a).
            (2) Providing professional development, training, and 
        certification for school personnel to meet such standards.
            (3) Carrying out the reporting requirements under section 
        103(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.
            (4) Developing and implementing high-quality professional 
        development and training programs to implement evidence-based 
        systematic approaches to school-wide positive behavioral 
        interventions and supports, including improving coaching, 
        facilitation, and training capacity for administrators, 
        teachers, specialized instructional support personnel, 
        paraprofessionals, and other staff.
            (5) Providing technical assistance to develop and implement 
        evidence-based systematic approaches to school-wide positive 
        behavioral interventions and supports, including technical 
        assistance for data-driven decisionmaking related to behavioral 
        supports and interventions in the classroom.
    (g) Authorized Activities.--A State educational agency receiving a 
grant under this section may use such grant funds for one or more of 
the following:
            (1) Researching, evaluating, and disseminating high-quality 
        evidence-based programs and activities that implement school-
        wide positive behavioral interventions and supports with 
        fidelity.
            (2) Supporting other local positive behavioral intervention 
        and support implementation activities consistent with this 
        subsection, including functional behavioral assessments.
    (h) Evaluation and Report.--Each State educational agency receiving 
a grant under this section shall, at the end of the grant period--
            (1) evaluate the State's progress toward the reduction and 
        elimination of seclusion and physical restraint in the schools 
        located in the State, consistent with the minimum standards 
        required by regulations prescribed by the Secretary pursuant to 
        section 102(a); and
            (2) submit to the Secretary a report on such progress.
    (i) Department of the Interior.--From the amount appropriated under 
section 109, the Secretary of Education 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. 105. NATIONAL EVALUATION.

    (a) National Evaluation.--The Secretary shall carry out a national 
evaluation to determine the effectiveness of this Act, which shall 
include--
            (1) analyzing data related to seclusion and physical 
        restraint in schools;
            (2) analyzing the effectiveness of Federal, State, and 
        local efforts to reduce the number of seclusion and physical 
        restraint 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 personnel training models with demonstrated 
        success in preventing and reducing the number of seclusion and 
        physical restraint incidents in schools, including models that 
        emphasize positive behavioral interventions and supports and 
        de-escalation techniques over physical intervention.
    (b) Report.--The Secretary shall submit to the Committee on 
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 evaluation 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 evaluation not 
        later than 5 years after the date of the enactment of this Act.

SEC. 106. HEAD START PROGRAMS.

    (a) Regulations.--The Secretary of Health and Human Services, in 
consultation with the Secretary of Education, 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 102(a); and
            (2) the reporting and enforcement requirements described in 
        subsections (b) and (c) of section 103.
    (b) Grant Authority.--From the amount appropriated under section 
109, the Secretary of Education 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. 107. RULE 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 the families of students 
under Federal or State law (including regulations).
    (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, any student who receives a free appropriate 
        public education at such school under subparagraph (B) or (C) 
        of section 612(a)(10) of the Individuals with Disabilities 
        Education Act (20 U.S.C. 1412(a)(10)(B), (C)).
            (2) Home schools.--Nothing in this Act shall be construed 
        to affect a home school, whether or not a home school is 
        treated as a private school or home school under State law 
        (including regulations), nor shall a parent who is schooling a 
        child at home be considered or classified as school personnel 
        for purposes of this Act.
    (c) Protection and Advocacy Systems.--Nothing in this Act shall be 
construed to limit or expand the rights or authority of a protection 
and advocacy system, provided under a covered provision as defined in 
section 101(7), to investigate, monitor, and enforce protections for 
students who are eligible for protection and advocacy services under 
such covered provision.

SEC. 108. 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 
(including regulations).

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal year 2011 and each of the 4 
succeeding fiscal years.

                 TITLE II--AMENDMENTS TO EDUCATION LAWS

SEC. 201. ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.

    (a) State Plans and State Reports.--Section 1111 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (13), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (14), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(15) the State educational agency will--
                    ``(A) assist local educational agencies in 
                implementing positive behavioral interventions and 
                supports in schools in the local educational agency on 
                a whole-school basis;
                    ``(B) provide technical assistance and training to 
                local educational agencies to improve positive 
                behavioral interventions and supports and to coordinate 
                such interventions and supports with similar activities 
                under the Individuals with Disabilities Education Act; 
                and
                    ``(C) evaluate the effects of providing positive 
                behavioral interventions and supports.''; and
            (2) in subsection (h)(1)(C)--
                    (A) in clause (vii), by striking ``and'' after the 
                semicolon;
                    (B) in clause (viii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(ix) the number of local educational 
                        agencies that implement positive behavioral 
                        interventions and supports.''.
    (b) Local Educational Agency Plans.--Section 1112(b)(1) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)) 
is amended--
            (1) in subparagraph (P), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (Q), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(R) a description of the actions the local 
                educational agency will take to provide positive 
                behavioral interventions and supports and to coordinate 
                such interventions and supports with similar activities 
                under the Individuals with Disabilities Education 
                Act.''.
    (c) School-Wide Programs.--Section 1114(b)(1)(B)(iii)(I) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6314(b)(1)(B)(iii)(I)) is amended--
            (1) by redesignating items (bb) and (cc) as items (cc) and 
        (dd), respectively; and
            (2) by inserting after item (aa) the following:
                                    ``(bb) implementation of school-
                                wide positive behavioral interventions 
                                and supports, including through 
                                coordination of such interventions and 
                                supports with similar activities under 
                                the Individuals with Disabilities 
                                Education Act;''.
    (d) Assessments and School Improvement.--Section 1116 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) is 
amended--
            (1) in subsection (b)(3)(A)--
                    (A) in clause (ix), by striking ``and'' after the 
                semicolon;
                    (B) in clause (x), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(xi) adopt policies or practices to 
                        implement or improve positive behavioral 
                        interventions and supports and enhance 
                        coordination of such interventions and supports 
                        with similar activities under the Individuals 
                        with Disabilities Education Act.''; and
            (2) in subsection (c)(7)(A)--
                    (A) in clause (vii), by striking ``and'' after the 
                semicolon;
                    (B) in clause (viii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(ix) improve or expand positive 
                        behavioral interventions and supports and 
                        enhance coordination of such interventions and 
                        supports with similar activities under the 
                        Individuals with Disabilities Education Act.''.
    (e) School Support and Recognition.--Section 1117(a) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6317(a)) is 
amended--
            (1) by striking paragraph (3) and inserting the following:
            ``(3) Regional and specialty centers.--Such a statewide 
        system shall, to the extent practicable, work with and receive 
        support and assistance from--
                    ``(A)(i) regional educational laboratories 
                established under part D of the Education Sciences 
                Reform Act of 2002;
                    ``(ii) comprehensive centers established under the 
                Educational Technical Assistance Act of 2002;
                    ``(iii) comprehensive regional technical assistance 
                centers and regional educational laboratories under 
                section 941(h) of the Educational Research, 
                Development, Dissemination, and Improvement Act of 1994 
                (as such section existed on the day before the date of 
                enactment of the Education Sciences Reform Act of 
                2002); and
                    ``(iv) technical assistance centers on school-wide 
                positive behavioral interventions and supports funded 
                under section 665(b) of the Individuals with 
                Disabilities Education Act; or
                    ``(B) other providers of technical assistance.''; 
                and
            (2) in paragraph (5)(B)--
                    (A) in clause (i), by inserting before the 
                semicolon ``, including by improving or expanding the 
                use of positive behavioral interventions and supports 
                and coordinating such interventions and supports with 
                similar activities under the Individuals with 
                Disabilities Education Act'';
                    (B) in clause (iii), by striking ``and'' after the 
                semicolon;
                    (C) in clause (iv), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
                            ``(v)(I) review and analyze the school's 
                        efforts to address behavioral or disciplinary 
                        problems; and
                            ``(II) assist the school in developing or 
                        improving school-wide positive behavioral 
                        interventions and supports and coordinating 
                        such interventions and supports with similar 
                        activities under the Individuals with 
                        Disabilities Education Act.''.
    (f) Parental Involvement.--Section 1118(e) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 6318(e)) is amended--
            (1) by redesignating paragraphs (6) through (14) as 
        paragraphs (7) through (15), respectively; and
            (2) by inserting after paragraph (5) the following:
            ``(6) shall provide information about the school's use of 
        positive behavioral interventions and supports;''.
    (g) Definitions.--Section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801) is amended--
            (1) by redesignating paragraphs (33) through (43) as 
        paragraphs (34) through (44), respectively; and
            (2) by inserting after paragraph (32) the following:
            ``(33) Positive behavioral interventions and supports.--The 
        term `positive behavioral interventions and supports' has the 
        meaning given the term in section 101 of the Keeping All 
        Students Safe Act.''.

SEC. 202. HIGHER EDUCATION ACT OF 1965.

    (a) Definitions.--Section 200 of the Higher Education Act of 1965 
(20 U.S.C. 1021) is amended--
            (1) by redesignating paragraphs (18) through (23) as 
        paragraphs (19) through (24), respectively;
            (2) by inserting after paragraph (17) the following:
            ``(18) Positive behavioral interventions and supports.--The 
        term `positive behavioral interventions and supports' has the 
        meaning given the term in section 101 of the Keeping All 
        Students Safe Act.''; and
            (3) in paragraph (22)(B) (as redesignated by paragraph 
        (1)), by striking ``(including'' and all that follows through 
        ``supports)'' and inserting ``(including positive behavioral 
        interventions and supports and other approaches that improve 
        the school-wide climate for learning)''.
    (b) Partnership Grants.--Section 202 of the Higher Education Act of 
1965 (20 U.S.C. 1022a) is amended--
            (1) in subsection (b)(6)--
                    (A) by redesignating subparagraphs (G) through (K) 
                as subparagraphs (H) through (L), respectively; and
                    (B) by inserting after subparagraph (F) the 
                following:
                    ``(G) how the partnership will prepare general 
                education and special education teachers to implement 
                positive behavioral interventions and supports;'';
            (2) in subsection (d)(1)(B)(ii)--
                    (A) in subclause (V), by striking ``and'' after the 
                semicolon at the end;
                    (B) in subclause (VI), by striking the semicolon 
                and inserting a period;
                    (C) by redesignating subclause (VI) as subclause 
                (VII); and
                    (D) by inserting after subclause (V) the following:
                                    ``(VI) can effectively implement 
                                positive behavioral interventions and 
                                supports; and''; and
            (3) in subsection (f)(1)(B)(iv), by inserting ``(including 
        through the implementation of school-wide positive behavioral 
        interventions and supports and other approaches that improve 
        the school-wide climate)'' before the semicolon.
    (c) Accountability for Programs That Prepare Teachers.--Section 205 
of the Higher Education Act of 1965 (20 U.S.C. 1022d) is amended--
            (1) by striking subparagraph (G) of subsection (a)(1) and 
        inserting the following:
                    ``(G) Teacher training.--A description of the 
                activities that prepare general education and special 
                education teachers to--
                            ``(i) teach students with disabilities 
                        effectively, including training related to 
                        participation as a member of individualized 
                        education program teams, as defined in section 
                        614(d)(1)(B) of the Individuals with 
                        Disabilities Education Act;
                            ``(ii) effectively implement positive 
                        behavioral interventions and supports; and
                            ``(iii) effectively teach students who are 
                        limited English proficient.'';
            (2) in subsection (b)(1), by adding at the end the 
        following:
                    ``(M) The extent to which teacher preparation 
                programs prepare teachers, including general education 
                and special education teachers, to effectively 
                implement positive behavioral interventions and 
                supports.''; and
            (3) in subsection (d)(1), by striking ``through (L)'' and 
        inserting ``through (M)''.
    (d) Teacher Development.--Section 206(b) of the Higher Education 
Act of 1965 (20 U.S.C. 1022e(b)) is amended--
            (1) in paragraph (4), by striking ``and'' after the 
        semicolon;
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following:
            ``(5) prospective teachers receive training on how to 
        implement effectively positive behavioral interventions and 
        supports; and''.
                                 <all>