[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3626 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3626

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2018

 Mr. Murphy (for himself, Mrs. Murray, and Mr. Van Hollen) introduced 
the following bill; which was read twice and referred to the Committee 
               on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; 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.
Sec. 4. Definitions.
Sec. 5. Minimum standards; rules of construction.
Sec. 6. State plan and report requirements and enforcement.
Sec. 7. Grants for State educational agencies.
Sec. 8. National assessment.
Sec. 9. Protection and advocacy systems.
Sec. 10. Applicability to private schools and home schools.
Sec. 11. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Restraint and seclusion have resulted in serious 
        physical injury, psychological trauma, and death to children in 
        public and private schools. National research shows students 
        have been subjected to restraint and seclusion in schools as a 
        means of discipline, to force compliance, or as a substitute 
        for appropriate educational and behavioral support.
            (2) All children have the right to be free from physical or 
        mental abuse, aversive behavioral interventions that compromise 
        health and safety, and any 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. Training for staff focused on the dangers 
        of 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, resources, and 
        support to prevent injury and trauma to themselves and others.
            (5) Despite the widely recognized risks of 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 restraint and seclusion at 
        higher rates than adults. Physical restraint which restricts 
        breathing or causes other physical 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 restraint and 
        the use of seclusion in other settings, such as hospitals, 
        health facilities, and nonmedical community-based facilities. 
        Similar protections are needed in schools, yet such protections 
        must be established in a manner that acknowledges the 
        differences of the school environment.
            (8) Research confirms that restraint and seclusion are not 
        therapeutic, nor are these practices effective means to calm, 
        discipline, or teach children. Restraint and seclusion may have 
        an opposite effect, while simultaneously decreasing a child's 
        ability to learn.
            (9) The effective implementation of schoolwide positive 
        behavior supports is linked to greater academic achievement, 
        significantly fewer disciplinary problems, increased 
        instruction time, and staff perception of a safer teaching 
        environment.
            (10) The Every Student Succeeds Act (Public Law 114-95), a 
        bipartisan reauthorization of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 6301 et seq.) passed in 2015, 
        requires States to support local educational agencies in 
        improving school conditions through reducing the use of 
        aversive behavioral interventions. The report issued by the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate regarding the Every Student Succeeds Act described 
        aversive behavioral interventions as including seclusion and 
        restraint. There is bipartisan agreement that schools must 
        reduce seclusion and restraint to improve school conditions for 
        all children.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) prohibit seclusion in schools;
            (2) prevent seclusion, and prevent and reduce the use of 
        physical restraint in schools;
            (3) ensure the safety of all students and school personnel 
        in schools and promote a positive school culture and climate;
            (4) protect students from--
                    (A) physical and mental abuse;
                    (B) aversive behavioral interventions that 
                compromise health and safety;
                    (C) any seclusion;
                    (D) any physical restraint imposed solely for 
                purposes of discipline or convenience;
                    (E) physical restraint and physical escort that is 
                known to be life-threatening, including physical 
                restraint that restricts breathing; and
                    (F) physical restraint if contraindicated based on 
                the student's disability, heath care needs, or medical 
                or psychiatric condition;
            (5) ensure that physical restraint is imposed in school 
        only when a student's behavior poses an imminent danger of 
        serious physical injury to the student, school personnel, or 
        others;
            (6) ensure that--
                    (A) parents are fully informed of the prohibitions 
                and requirements of this Act;
                    (B) parents are fully informed of the policies on 
                restraint and seclusion of the applicable school, local 
                educational agency, and the State;
                    (C) parents are notified when physical restraint 
                has been utilized on their child or children; and
                    (D) a meeting with parents occurs to discuss any 
                incident in which physical restraint is imposed on 
                their child pursuant to section 5(a)(6)(B); and
            (7) 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 in schools; and
                    (D) identifying and implementing effective 
                evidence-based models to prevent seclusion and reduce 
                and prevent physical restraint in schools.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) 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)).
            (2) Chemical restraint.--The term ``chemical restraint'' 
        means a drug or medication used on a student to control 
        behavior or restrict freedom of movement that is not--
                    (A) prescribed by a licensed physician, or other 
                qualified health professional acting under the scope of 
                the professional's authority under State law, for the 
                standard treatment of a student's medical or 
                psychiatric condition; and
                    (B) administered as prescribed by the licensed 
                physician or other qualified health professional acting 
                under the scope of the professional's authority under 
                State law.
            (3) ESEA terms.--The terms ``early childhood education 
        program'', ``educational service agency'', ``elementary 
        school'', ``local educational agency'', ``other staff'', 
        ``paraprofessional'', ``parent'', ``school leader'', 
        ``secondary school'', ``specialized instructional support 
        personnel'', ``State'', and ``State educational agency'' have 
        the meanings given the terms in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Mechanical restraint.--The term ``mechanical 
        restraint'' has the meaning given the term in section 595(d)(1) 
        of the Public Health Service Act (42 U.S.C. 290jj(d)(1)), 
        except that the meaning shall be applied by substituting 
        ``student's'' for ``resident's''.
            (5) Military-connected dependents.--The term ``military-
        connected dependents'' means children described in 
        subparagraphs (B) and (D)(i) of section 7003(a)(1) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7703(a)(1)).
            (6) Physical escort.--The term ``physical escort'' has the 
        meaning given the term in section 595(d)(2) of the Public 
        Health Service Act (42 U.S.C. 290jj(d)(2)), except that the 
        meaning shall be applied by substituting ``student'' for 
        ``resident''.
            (7) 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, 
        torso, or head freely, except that such term does not include a 
        physical escort, mechanical restraint, or chemical restraint.
            (8) Positive behavior interventions and supports.--The term 
        ``positive behavior interventions and supports''--
                    (A) means a schoolwide, systematic approach to 
                embed evidence-based practices and data-driven 
                decisionmaking to improve school climate and culture 
                (including a range of systemic and individualized 
                positive strategies to reinforce desired behaviors and 
                diminish reoccurrence of challenging behaviors), in 
                order to achieve improved academic and social outcomes 
                and increase learning for all students (including 
                students with the most complex and intensive behavioral 
                needs); and
                    (B) encompasses a range of systemic and 
                individualized positive strategies to reinforce desired 
                behaviors, diminish reoccurrence of challenging 
                behaviors, and teach appropriate behaviors to students.
            (9) Protection and advocacy system.--The term ``protection 
        and advocacy system'' means a protection and advocacy system 
        established under section 143 of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
            (10) School.--The term ``school'' means--
                    (A) an elementary school or secondary school; or
                    (B) an entity that--
                            (i) provides elementary and secondary 
                        education; and
                            (ii) receives, or serves students who 
                        receive, support in any form from any program 
                        supported, in whole or in part, with Federal 
                        funds.
            (11) School personnel.--The term ``school personnel'' means 
        individuals who are employed by a school, or who perform 
        services for a school on a contractual basis as--
                    (A) school leaders;
                    (B) teachers;
                    (C) specialized instructional support personnel;
                    (D) paraprofessionals; or
                    (E) other staff.
            (12) School resource officer.--The term ``school resource 
        officer'' means a sworn law enforcement officer who is--
                    (A) assigned by the employing police department to 
                a local educational agency or school;
                    (B) contracting with a local educational agency or 
                school; or
                    (C) employed by a local educational agency.
            (13) School security guard.--The term ``school security 
        guard'' means a contractor or an employee of a local 
        educational agency or school responsible for addressing one or 
        more of the following safety and crime prevention activities in 
        and around a school:
                    (A) Assisting school personnel in school safety 
                incidents.
                    (B) Educating students in crime and illegal drug 
                use prevention and safety.
                    (C) Developing or expanding community justice 
                initiatives for students.
                    (D) Training students in conflict resolution and 
                supporting restorative justice programs.
                    (E) Serving as a liaison between the school and 
                outside agencies, including other law enforcement 
                agencies.
                    (F) Screening students or visitors to the school 
                for prohibited items.
            (14) Seclusion.--The term ``seclusion'' means the 
        involuntary confinement of a student alone in a room or area 
        from which the student is physically prevented from leaving, 
        except that such term does not include a time out.
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (16) Special education school.--The term ``special 
        education school'' means a school that focuses primarily on 
        serving the needs of students with disabilities under the 
        Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
        seq.) or section 504 of the Rehabilitation Act of 1973 (29 
        U.S.C. 794).
            (17) State-approved crisis intervention training program.--
        The term ``State-approved crisis intervention training 
        program'' means a training program approved by a State and the 
        Secretary that, at a minimum, provides--
                    (A) training in evidence-based techniques shown to 
                be effective in the prevention of physical restraint;
                    (B) evidence-based skills training related to 
                positive behavior supports, safe physical escort, 
                conflict prevention, understanding antecedents, de-
                escalation, and conflict management;
                    (C) training in evidence-based techniques shown to 
                be effective in keeping both school personnel and 
                students safe when imposing physical restraint;
                    (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, school 
                resource officers, and school security guards in the 
                techniques and skills described in subparagraphs (A) 
                through (D), which shall be required to be renewed on a 
                periodic basis.
            (18) Student.--The term ``student'' means a student 
        enrolled in a school, except that in the case of a student 
        enrolled in a private school or private program, such term 
        means a student who receives support in any form from any 
        program or activity supported, in whole or in part, with 
        Federal funds.
            (19) Time out.--The term ``time out'' has the meaning given 
        the term in section 595(d)(5) of the Public Health Service Act 
        (42 U.S.C. 290jj(d)(5)), except that the meaning shall be 
        applied by substituting ``student'' for ``resident''.

SEC. 5. MINIMUM STANDARDS; RULES OF CONSTRUCTION.

    (a) Minimum Standards.--
            (1) Regulations.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, to protect each student 
                from physical or mental abuse, aversive behavioral 
                interventions that compromise student health and 
                safety, seclusion, or physical restraint imposed solely 
                for purposes of discipline or convenience or in a 
                manner otherwise inconsistent with this Act, the 
                Secretary shall promulgate regulations establishing 
                minimum standards consistent with this subsection.
                    (B) Head start.--
                            (i) In general.--The Secretary of Health 
                        and Human Services, in coordination with the 
                        Secretary, shall promulgate regulations under 
                        this subsection with respect to Head Start 
                        agencies (including Early Head Start agencies) 
                        under the Head Start Act (24 U.S.C. 9801 et 
                        seq.).
                            (ii) Funds.--From the amount appropriated 
                        under section 11, the Secretary may allocate 
                        funds to the Secretary of Health and Human 
                        Services to assist the Head Start agencies 
                        (including Early Head Start agencies) in 
                        establishing, implementing, and enforcing 
                        policies and procedures to meet the 
                        requirements established by regulations 
                        promulgated by the Secretary of Health and 
                        Human Services under clause (i).
            (2) Prohibited actions.--Each school personnel, school 
        security guard, and school resource officer shall be prohibited 
        from imposing on any student the following:
                    (A) Seclusion.
                    (B) Mechanical restraints.
                    (C) Chemical restraints.
                    (D) Physical restraint or physical escort that is 
                life threatening or that restricts breathing.
                    (E) Physical restraint if contraindicated based on 
                the student's disability, health care needs, or medical 
                or psychiatric condition, as documented in--
                            (i) a health care directive or medical 
                        management plan;
                            (ii) a behavior intervention plan;
                            (iii) an individualized education program 
                        or an individualized family service plan (as 
                        defined in section 602 of the Individuals with 
                        Disabilities Education Act (20 U.S.C. 1401));
                            (iv) a plan developed pursuant to section 
                        504 of the Rehabilitation Act of 1973 (29 
                        U.S.C. 794) or title II of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12131 et 
                        seq.); or
                            (v) other relevant record made available to 
                        the State or local educational agency involved.
                    (F) Physical restraint that is not in compliance 
                with paragraph (3).
                    (G) Any other form of aversive behavioral 
                interventions.
            (3) Physical restraint.--The use of physical restraint by 
        any school personnel, school security guard, or school resource 
        officer shall be considered in compliance with the minimum 
        standards promulgated under this subsection only if each of the 
        following requirements are met:
                    (A) The student's behavior poses an imminent danger 
                of serious physical injury to the student, school 
                personnel, school security guard, school resource 
                officer, or others.
                    (B) Less restrictive interventions would be 
                ineffective in stopping such imminent danger of serious 
                physical injury.
                    (C) Such physical restraint is imposed by school 
                personnel, or a school security guard or school 
                resource officer, who--
                            (i) continuously monitors the student face-
                        to-face; or
                            (ii) if school personnel safety, or the 
                        safety of a school security guard or school 
                        resource officer, is significantly compromised 
                        by such face-to-face monitoring, such 
                        personnel, guard, or officer, is in continuous 
                        direct visual contact with the student by 
                        looking directly at the student from a distance 
                        rather than electronically monitoring the 
                        student using a security camera or other 
                        system.
                    (D) Such physical restraint is imposed by--
                            (i) school personnel, or a school resource 
                        officer or school security guard, trained and 
                        certified by a State-approved crisis 
                        intervention training program; or
                            (ii) school personnel, or a school security 
                        guard or school resource officer, not trained 
                        and certified as described in clause (i), in 
                        the case of a rare and clearly unavoidable 
                        emergency circumstance when school personnel, 
                        or a school resource officer or school security 
                        guard, trained and certified as described in 
                        clause (i) is not immediately available due to 
                        the unforeseeable nature of the emergency 
                        circumstance.
                    (E) Such physical restraint ends immediately upon 
                the cessation of the conditions described in 
                subparagraph (A).
                    (F) The physical restraint does not interfere with 
                the student's ability to communicate in the student's 
                primary language or primary mode of communication.
                    (G) The physical restraint uses the least amount of 
                force necessary to protect the student or others from 
                the threatened injury.
            (4) Training.--Each State, in consultation with local 
        educational agency officials, shall ensure that a sufficient 
        number of school personnel are trained and certified by a 
        State-approved crisis intervention training program to meet the 
        needs of the specific student population in each school.
            (5) Prohibition on planned intervention.--The use of 
        physical restraint 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)), except that local educational 
        agencies or schools may establish policies and procedures for 
        use of physical restraint in school safety or crisis plans, 
        provided that such a plan is not specific to any individual 
        student.
            (6) Procedures following physical restraint.--Each school 
        shall establish procedures to be followed after an incident 
        involving the imposition of physical restraint upon a student, 
        which shall include each of the following:
                    (A) Procedures to provide to the parent of the 
                student, with respect to such incident--
                            (i) an immediate verbal or electronic 
                        communication, as soon as is practicable and 
                        not later than the same day as the incident; 
                        and
                            (ii) written notification, as soon as is 
                        practicable, and not later than 24 hours after 
                        the incident that shall include, at minimum--
                                    (I) a description of the incident, 
                                including precipitating events;
                                    (II) positive interventions used 
                                prior to restraint;
                                    (III) the length of time of 
                                restraint; and
                                    (IV) a description of the serious 
                                physical injury of the student or 
                                others to necessitate the use of 
                                restraint.
                    (B) A meeting between parents of the student and 
                the school, as soon as is practicable, and not later 
                than 5 school days following the incident (unless such 
                meeting is delayed by written mutual agreement of the 
                parent and school)--
                            (i) which shall include, at a minimum--
                                    (I) the parent of such student;
                                    (II) the student involved (if 
                                appropriate);
                                    (III) the school personnel, school 
                                resource officer, or school security 
                                guard who imposed the restraint;
                                    (IV) a teacher of such student;
                                    (V) a school leader of such 
                                student; and
                                    (VI) an expert on behavior 
                                interventions, who may be a special 
                                education teacher;
                            (ii) the purpose of which shall be to 
                        discuss the incident, as described by both the 
                        student and the school personnel, or the school 
                        resource officer or school security guard 
                        involved, including--
                                    (I) any precipitating events;
                                    (II) how the incident occurred; and
                                    (III) prior positive behavior 
                                interventions and supports used to de-
                                escalate the situation; and
                            (iii) which shall include--
                                    (I) the discussion of proactive 
                                strategies to prevent future need for 
                                the use of restraint;
                                    (II)(aa) for a student identified 
                                as eligible to receive accommodations 
                                under section 504 of the Rehabilitation 
                                Act of 1973 (29 U.S.C. 794) or title II 
                                of the Americans with Disabilities Act 
                                of 1990 (42 U.S.C. 12131 et seq.), or 
                                accommodations or special education or 
                                related services under the Individuals 
                                with Disabilities Education Act (20 
                                U.S.C. 1400 et seq.), a discussion of 
                                the need for a functional behavioral 
                                assessment and a behavior intervention 
                                plan; or
                                    (bb) for a student not identified 
                                as eligible to receive accommodations 
                                under the provisions of law described 
                                in item (aa), evidence of a referral 
                                for such accommodations or special 
                                education or related services, or 
                                documentation of the basis for 
                                declining to such a referral for the 
                                student;
                                    (III) provision to the parent, for 
                                use during the meeting, a written 
                                statement from each adult witness who 
                                was in the proximity of the student 
                                immediately before and during the time 
                                of the physical restraint, but was not 
                                directly involved in such restraint; 
                                and
                                    (IV) an assurance that in a case in 
                                which the student attends the meeting, 
                                the information communicated by the 
                                student in that meeting will be for 
                                purposes of debriefing an incident 
                                where restraint was imposed upon the 
                                student, and--
                                            (aa) may only be shared to 
                                        the extent necessary to protect 
                                        the safety of the student or 
                                        others; and
                                            (bb) may not be used 
                                        against the student in any 
                                        disciplinary, criminal, or 
                                        civil investigations or 
                                        proceedings.
                    (C) Any other procedures consistent with this Act 
                that the Secretary determines appropriate.
    (b) Schools Operated or Funded by Department 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) Schools Operated or Funded by the Department of Defense.--The 
Secretary of Defense shall ensure that schools operated or funded by 
the Department of Defense Education Activity or otherwise operated or 
funded by the Department of Defense for the education of military-
connected dependents comply with the regulations promulgated by the 
Secretary under subsection (a).
    (d) Rules of Construction.--
            (1) In general.--Nothing in this Act shall be construed to 
        authorize the Secretary to promulgate regulations prohibiting 
        the use of--
                    (A) time out; and
                    (B) 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--
                            (i) restraints for medical immobilization;
                            (ii) 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
                            (iii) vehicle safety restraints when used 
                        as intended during the transport of a student 
                        in a moving vehicle.
            (2) Law enforcement.--Nothing in this Act shall be 
        construed to prevent a sworn law enforcement officer from 
        carrying out the duties of the officer under otherwise 
        applicable law.

SEC. 6. STATE PLAN AND REPORT REQUIREMENTS AND ENFORCEMENT.

    (a) State Plan.--Not later than 2 years after the Secretary 
promulgates regulations pursuant to section 5(a), and each year 
thereafter, each State educational agency shall submit to the Secretary 
a State plan that provides--
            (1) demonstrations 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 how the State 
        ensures accurate and timely reporting to the Office for Civil 
        Rights of the Department of Education;
            (3) a description of the State plans to ensure school 
        personnel, students, and parents (including private school 
        personnel, students, and parents) are aware of the State 
        policies and procedures;
            (4) a description of the State activities described in the 
        State plan and approved by the Secretary as required under 
        section 1111(g) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311(g)) that reduce aversive behavioral 
        interventions and improve school conditions;
            (5) a description of the State efforts to engage 
        stakeholders for input on the development of State policies and 
        procedures to meet the minimum standards of this Act, which 
        shall include consultation with--
                    (A) parents;
                    (B) individuals with disabilities;
                    (C) advocacy organizations representing individuals 
                with disabilities;
                    (D) teachers;
                    (E) school personnel;
                    (F) administrators;
                    (G) civil rights organizations; and
                    (H) mental health experts; and
            (6) a description of oversight of schools that includes--
                    (A) monitoring use of restraint in the schools;
                    (B) monitoring compliance with the prohibition on 
                seclusion in schools;
                    (C) not less than every 6 months, discussions 
                between State educational agency officials and school 
                leaders to discuss the progress of reducing the use of 
                physical restraint in schools;
                    (D) not less than annual site visits to the special 
                education schools in the State; and
                    (E) technical assistance to focus on the use of 
                proactive, positive interventions.
    (b) Reporting.--
            (1) Reporting requirements.--Not later than 2 years after 
        the date the Secretary promulgates regulations pursuant to 
        section 5(a), and each year thereafter, each State educational 
        agency shall (in compliance with the requirements of section 
        444 of the General Education Provisions Act (commonly known as 
        the Family Educational Rights and Privacy Act of 1974) (20 
        U.S.C. 1232g)) prepare and submit to the Secretary, and make 
        available to the public, a report that includes the information 
        described in paragraph (2), with respect to each local 
        educational agency, each special education school, and each 
        school not under the jurisdiction of a local educational 
        agency, located in the same State as such State educational 
        agency.
            (2) Information requirements.--
                    (A) General information requirements.--The report 
                described in paragraph (1) shall include--
                            (i) with respect to physical restraint 
                        imposed upon students in the preceding full 
                        academic year--
                                    (I) the total number of such 
                                incidents;
                                    (II) the total number of students 
                                upon whom such restraint was imposed;
                                    (III) in the case in which such 
                                restraint was imposed more than twice 
                                on a student, the number of times such 
                                student was so restrained; and
                                    (IV) the total number of such 
                                incidents where the use of restraint is 
                                referred to law enforcement; and
                            (ii) other information relevant to 
                        implementation of this Act, as determined by 
                        the Secretary.
                    (B) Disaggregation.--
                            (i) General disaggregation requirements.--
                        The information described in subparagraph (A) 
                        shall be disaggregated--
                                    (I) by the total number of 
                                incidents in which physical restraint 
                                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 were not trained and 
                                        certified as described in 
                                        section 5(a)(3)(D)(i);
                                    (II) by the demographic 
                                characteristics of all students upon 
                                whom physical restraint was imposed, 
                                including disaggregation--
                                            (aa) by each major racial 
                                        and ethnic group, economically 
                                        disadvantaged students as 
                                        compared to students who are 
                                        not economically disadvantaged, 
                                        English proficiency status, 
                                        sex, and migrant status;
                                            (bb) by students with an 
                                        individualized education 
                                        program under section 614(d) of 
                                        the Individuals with 
                                        Disabilities Education Act (20 
                                        U.S.C. 1414(d));
                                            (cc) by students who have a 
                                        plan developed pursuant to 
                                        section 504 of the 
                                        Rehabilitation Act of 1973 (29 
                                        U.S.C. 794); and
                                            (dd) by students who have a 
                                        plan developed pursuant to 
                                        title II of the Americans with 
                                        Disabilities Act of 1990 (42 
                                        U.S.C. 12131 et seq.);
                                    (III) by the total number of 
                                incidents of restraint in which school 
                                personnel, or a school resource officer 
                                or school security guard was involved, 
                                which may include the school personnel, 
                                school resource officer, or school 
                                security guard imposing the physical 
                                restraint or assisting with the 
                                physical restraint; and
                                    (IV) by the type of school, 
                                including disaggregation by special 
                                education school, charter school, and 
                                private school.
                            (ii) Unduplicated count; exception.--The 
                        disaggregation required under clause (i)--
                                    (I) shall be carried out in a 
                                manner to ensure an unduplicated count 
                                of the total number of incidents in the 
                                preceding full academic year in which 
                                physical restraint was imposed upon a 
                                student; and
                                    (II) shall 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)(I) withhold, 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);
                            (II) require a State educational agency to 
                        submit, and implement, within 1 year of such 
                        failure to comply, a corrective plan of action, 
                        which shall include specific timeframes and 
                        actions, and 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); and
                            (ii) refer the State to the Civil Rights 
                        Division of the Department of Justice and the 
                        Office for Civil Rights of the Department of 
                        Education for an investigation.
                    (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)(i) has cured the failure 
                providing the basis for the withholding of payments, 
                the Secretary shall cease the withholding of payments 
                with respect to the State educational agency under such 
                subparagraph.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to limit the Secretary's authority under the 
        General Education Provisions Act (20 U.S.C. 1221 et seq.).
            (3) Rights and remedies of students and parents.--
                    (A) In general.--Nothing in this Act shall be 
                construed--
                            (i) 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, State, or 
                        local law; or
                            (ii) to restrict or limit Federal, State, 
                        or local laws, regulations, or policies that 
                        provide for more stringent prohibitions or 
                        limitations on the use of seclusion, restraint, 
                        or aversive interventions than the prohibitions 
                        or limitations that are provided for in this 
                        Act.
                    (B) Relief under federal, state, and local law.--A 
                student or parent may file a civil action under the 
                Constitution, the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.), title V of the 
                Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), or 
                other applicable Federal, State, or local law in the 
                case of the use of seclusion or restraint in violation 
                of this Act seeking relief from the use of seclusion or 
                restraint, or other available remedies with respect of 
                such student.
                    (C) Nonapplicability.--Section 615(l) of the 
                Individuals with Disabilities Education Act (20 U.S.C. 
                1415(l)) shall not apply to an action filed pursuant to 
                this paragraph, regardless of whether or not the 
                student is seeking relief that is also available under 
                the Individuals with Disabilities Education Act (20 
                U.S.C. 1400 et seq.).
    (d) Head Start.--The Secretary of Health and Human Services, in 
coordination with the Secretary, shall--
            (1) promulgate regulations with respect to how the 
        reporting requirements described under subsection (b) shall be 
        carried out with respect to Head Start agencies (including 
        Early Head Start agencies) under the Head Start Act (42 U.S.C. 
        9801 et seq.); and
            (2) carry out the enforcement activities described in 
        subsection (c) with respect to such agencies.

SEC. 7. GRANTS FOR STATE EDUCATIONAL AGENCIES.

    (a) In General.--From the amount appropriated under section 11, the 
Secretary may award, on a competitive basis, 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
            (3) improving school climate and culture by implementing 
        schoolwide positive behavior interventions and supports, mental 
        health supports, restorative justice programs, trauma-informed 
        care, and crisis and de-escalation interventions.
    (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 
seclusion, and preventing and reducing physical restraint.
    (d) Authority To Make Subgrants.--
            (1) In general.--A State educational agency receiving a 
        grant under this section may use such grant funds to award 
        subgrants, on a competitive basis, to local educational 
        agencies.
            (2) Application.--A local educational agency desiring to 
        receive a subgrant under this section shall submit an 
        application to the applicable State educational agency at such 
        time, in such manner, and containing such information as the 
        State educational agency may require.
    (e) Private School Participation.--
            (1) In general.--A local educational agency receiving 
        subgrant funds under this section shall, after timely and 
        meaningful consultation with appropriate private school 
        officials, ensure that private school personnel may 
        participate, on an equitable basis, in activities supported by 
        subgrant funds under this section.
            (2) Public control of funds.--The control of grant and 
        subgrant funds under this section, and title to materials, 
        equipment, and property purchased with such funds, shall be in 
        a public agency for the uses and purposes provided in this Act, 
        and a public agency shall administer such funds, materials, 
        equipment, and property.
            (3) Provision of services.--
                    (A) In general.--Services described under this 
                section shall be provided--
                            (i) by employees of a public agency; or
                            (ii) through contract by the public agency 
                        with an individual or entity.
                    (B) Independence; public agency.--An individual or 
                entity described in subparagraph (A)(ii) that contracts 
                with a public agency to provide services under this 
                section shall be independent of a private school and of 
                any religious organization. Individuals providing such 
                services shall be employed by and under the control and 
                supervision of the public agency.
                    (C) Commingling of funds prohibited.--Funds used to 
                provide services under this section shall not be 
                commingled with non-Federal funds.
    (f) Required Activities.--A State educational agency receiving a 
grant, or a local educational agency receiving a subgrant, under this 
section shall use such grant or subgrant funds to carry out the 
following:
            (1) Establishing and implementing policies to prohibit 
        seclusion, mechanical restraint, chemical restraint, and other 
        forms of prohibited restraint in schools, consistent with the 
        minimum standards established by regulations promulgated by the 
        Secretary pursuant to section 5(a).
            (2) Implementing and evaluating strategies and procedures 
        to prevent seclusion and to prevent and reduce physical 
        restraint in schools, consistent with such standards.
            (3) Providing professional development, training, and 
        certification for school personnel to meet such standards.
            (4) Analyzing the information included in a report prepared 
        under section 6(b) to identify student, school personnel, and 
        school needs related to preventing seclusion, and preventing 
        and reducing the use of physical restraint.
            (5) Providing training to school resource officers, school 
        security guards, and, as appropriate, school personnel, on how 
        to comply with education and civil rights laws, including the 
        Individuals with Disabilities Education Act (20 U.S.C. 1400 et 
        seq.) and the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.), when interacting with students with 
        disabilities, including, as applicable, when conducting law 
        enforcement activities involving a students with disabilities.
    (g) Additional Authorized Activities.--In addition to the required 
activities described in subsection (f), a State educational agency 
receiving a grant, or a local educational agency receiving a subgrant, 
under this section may use such grant or subgrant funds for one or more 
of the following:
            (1) Developing and implementing high-quality professional 
        development and training programs to implement evidence-based 
        systematic approaches to schoolwide positive behavior 
        interventions and supports, including improving coaching, 
        facilitation, and training capacity for administrators, 
        teachers, specialized instructional support personnel, and 
        other staff.
            (2) Providing technical assistance to implement evidence-
        based systematic approaches to schoolwide positive behavior 
        interventions and supports, including technical assistance for 
        data-driven decisionmaking related to behavioral supports and 
        interventions in the classroom.
            (3) Researching, evaluating, and disseminating high-quality 
        evidence-based programs and activities that implement 
        schoolwide positive behavior interventions and supports with 
        fidelity.
            (4) Supporting other local positive behavior interventions 
        and supports implementation activities consistent with this 
        subsection.
            (5) Developing, implementing, and providing technical 
        assistance to support evidence-based programs that reduce the 
        likelihood of physical restraint, and support students in 
        reducing behavior that can result in physical restraint, such 
        as mental health supports, restorative justice programs, 
        trauma-informed care, and crisis and de-escalation 
        interventions.
    (h) Evaluation and Report.--Each State educational agency receiving 
a grant under this section shall, at the end of the 3-year grant period 
for such grant--
            (1) evaluate the State's progress toward the prevention of 
        seclusion and the prevention and reduction of physical 
        restraint in the schools located in the State, consistent with 
        the minimum standards established by regulations promulgated by 
        the Secretary pursuant to section 5(a); and
            (2) submit to the Secretary a report on such progress.

SEC. 8. NATIONAL ASSESSMENT.

    (a) National Assessment.--The Secretary shall carry out a national 
assessment to determine the effectiveness of this Act, which shall 
include--
            (1) analyzing data related to incidents of physical 
        restraint in schools;
            (2) analyzing the effectiveness of Federal, State, and 
        local efforts to prevent seclusion and prevent and reduce the 
        number of physical restraint incidents in schools;
            (3) identifying the types of programs and services that 
        have demonstrated the greatest effectiveness in preventing 
        seclusion and preventing and reducing the number of physical 
        restraint incidents in schools; and
            (4) identifying evidence-based personnel training models 
        with demonstrated success in preventing seclusion and 
        preventing and reducing the number of physical restraint 
        incidents in schools, including models that emphasize positive 
        behavior supports and de-escalation techniques over physical 
        intervention.
    (b) Report.--The Secretary shall submit to the Committee on 
Education and the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of the Senate--
            (1) not later than 3 years after the date of enactment of 
        this Act, an interim report that summarizes the preliminary 
        findings of the assessment described in subsection (a); and
            (2) not later than 5 years after the date of the enactment 
        of this Act, a final report of the findings of the assessment.

SEC. 9. PROTECTION AND ADVOCACY SYSTEMS.

    (a) Notification.--In a case in which physical injury or death of a 
student occurs in conjunction with the use of seclusion or physical 
restraint or any intervention used to control behavior at a school, the 
local educational agency serving such school or the agency 
administering a Head Start program under the Head Start Act (42 U.S.C. 
9801 et seq.) shall have procedures to--
            (1) notify, in writing, not later than 24 hours after such 
        injury or death occurs--
                    (A) the State educational agency;
                    (B) the local law enforcement agency; and
                    (C) the relevant protection and advocacy system; 
                and
            (2) provide any information that the protection and 
        advocacy system may require.
    (b) Restatement of Authority.--Protection and advocacy systems 
shall have the same authorities and rights provided under subtitle C of 
title I of the Developmental Disabilities Assistance and Bill of Rights 
Act of 2000 (42 U.S.C. 15041 et seq.) with respect to protections 
provided for students under this Act when such students are otherwise 
eligible to be clients of the protection and advocacy system, including 
investigating, monitoring, and enforcing such protections.

SEC. 10. APPLICABILITY TO PRIVATE SCHOOLS AND HOME SCHOOLS.

    (a) Private Schools.--Nothing in this Act shall be construed to 
affect any private school that does not receive, or does not serve 
students who receive, support in any form from any program or activity 
supported, in whole or in part, with Federal funds.
    (b) Home Schools.--Nothing in this Act shall be construed to--
            (1) affect a home school, whether or not a home school is 
        treated as a private school or home school under State law; or
            (2) consider parents who are schooling a child at home as 
        school personnel.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act for fiscal year 2020 and each 
succeeding fiscal year.
                                 <all>