II 111th CONGRESS 2d Session S. 3895 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.

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.

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.

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.