[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1858 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1858

   To prohibit and prevent seclusion, mechanical restraint, chemical 
  restraint, and dangerous restraints that restrict breathing, and to 
 prevent and reduce the use of physical restraint in schools, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2021

Mr. Murphy (for himself, Mrs. Murray, Mr. Casey, Mr. Durbin, Mr. Kaine, 
 Ms. Warren, Mr. Sanders, Ms. Baldwin, Mr. Van Hollen, Mr. Brown, Mr. 
  Blumenthal, Mr. Wyden, and Ms. Duckworth) 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, mechanical restraint, chemical 
  restraint, and dangerous restraints that restrict breathing, 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. Definitions.
    TITLE I--PROHIBITIONS ON RESTRAINT AND SECLUSION AND ADDITIONAL 
                              REQUIREMENTS

Sec. 101. Prohibition, additional requirements.
  TITLE II--STATE PLAN, REPORTING REQUIREMENTS, AND GRANTS FOR STATE 
                          EDUCATIONAL AGENCIES

Sec. 201. Definitions.
Sec. 202. State plan.
Sec. 203. Grants for State educational agencies.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. National assessment.
Sec. 302. Protection and advocacy systems.
Sec. 303. Schools operated or funded by the Department of the Interior 
                            or the Department of Defense.
Sec. 304. Rule of construction.
Sec. 305. Applicability to private schools and home schools.
Sec. 306. Severability.
Sec. 307. Authorization of appropriations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Chemical restraint.--The term ``chemical restraint'' 
        means a drug or medication used on a student to control 
        behavior or restrict freedom of movement that is not--
                    (A) prescribed by a licensed physician, or other 
                qualified health professional acting under the scope of 
                the professional's authority under State law, for the 
                standard treatment of a student's medical or 
                psychiatric condition; and
                    (B) administered as prescribed by the licensed 
                physician or other qualified health professional acting 
                under the scope of the professional's authority under 
                State law.
            (2) 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).
            (3) Law enforcement officer.--The term ``law enforcement 
        officer''--
                    (A) means any person who--
                            (i) is a State, Tribal, or local law 
                        enforcement officer (as defined in section 1204 
                        of title I of the Omnibus Crime Control and 
                        Safe Streets Act of 1968 (34 U.S.C. 10284); and
                            (ii) is assigned by the employing law 
                        enforcement agency to a program, who is 
                        contracting with a program, or who is employed 
                        by a program; and
                    (B) includes an individual referred to as a 
                ``school resource officer'' if that individual meets 
                the definition in subparagraph (A).
            (4) Mechanical restraint.--The term ``mechanical 
        restraint'' means the use of devices as a means of restricting 
        a student's freedom of movement.
            (5) 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.
            (6) 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.
            (7) Positive behavioral interventions and supports.--The 
        term ``positive behavioral interventions and supports''--
                    (A) means a schoolwide, systematic approach that 
                embeds evidence-based practices and data-driven 
                decision making to improve school climate and culture 
                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 teach and 
                reinforce school-expected behaviors, while discouraging 
                and diminishing undesirable behaviors.
            (8) Program.--The term ``program'' means--
                    (A) all of the operations of a local educational 
                agency, system of vocational education, or other school 
                system;
                    (B) a program that serves children who receive 
                services for which financial assistance is provided in 
                accordance with the Head Start Act (42 U.S.C. 9831 et 
                seq.); or
                    (C) an elementary school or secondary school that 
                is not a public school that enrolls a student who 
                receives special education and related services under 
                the Individuals with Disabilities Education Act (20 
                U.S.C. 1400 et seq.).
            (9) Program personnel.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``program personnel'' means any agent of a 
                program, including an individual who is employed by a 
                program, or who performs services for a program on a 
                contractual basis, including--
                            (i) school leaders;
                            (ii) teachers;
                            (iii) specialized instructional support 
                        personnel;
                            (iv) paraprofessionals; or
                            (v) other staff.
                    (B) Exclusion.--Notwithstanding subparagraph (A), 
                program personnel shall not include a law enforcement 
                officer or a school security guard.
            (10) Protection and advocacy system.--The term ``protection 
        and advocacy system'' means a protection and advocacy system 
        established under section 143 of the Developmental Disabilities 
        Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
            (11) School security guard.--The term ``school security 
        guard'' means an individual who is not a sworn law enforcement 
        officer and who is responsible for addressing one or more of 
        the following safety and crime prevention activities in and 
        around a program:
                    (A) Assisting program personnel in 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 program and 
                outside agencies, including other law enforcement 
                agencies.
                    (F) Screening students or visitors to the program 
                for prohibited items.
            (12) 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.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (14) 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).
            (15) 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 behavioral interventions and supports, safe 
                physical escort, conflict prevention, understanding 
                antecedents, deescalation, 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 to ensure compliance with section 101; and
                    (F) certification for school personnel, law 
                enforcement 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.
            (16) Student.--The term ``student'' means--
                    (A) for purposes of title I, a student enrolled in 
                a program; and
                    (B) for purposes of title II, a student enrolled in 
                an elementary school or secondary school.
            (17) Time out.--
                    (A) In general.--The term ``time out'' means a 
                behavior management technique that may involve the 
                separation of the student from the group or classroom 
                in a non-locked setting.
                    (B) Clarification.--The term ``time out'' does not 
                include--
                            (i) seclusion; or
                            (ii) a separation of the student described 
                        in subparagraph (A) from which such student is 
                        physically or otherwise prohibited from 
                        leaving.

    TITLE I--PROHIBITIONS ON RESTRAINT AND SECLUSION AND ADDITIONAL 
                              REQUIREMENTS

SEC. 101. PROHIBITION, ADDITIONAL REQUIREMENTS.

    (a) Prohibition.--No student shall be subjected to unlawful 
seclusion or restraint by program personnel, a law enforcement officer, 
or a school security guard, while attending any program that receives 
Federal financial assistance.
    (b) Unlawful Seclusion or Restraint Defined.--
            (1) In general.--In this section, the term ``unlawful 
        seclusion or restraint'' means--
                    (A) seclusion;
                    (B) mechanical restraint;
                    (C) chemical restraint;
                    (D) physical restraint or physical escort that is 
                life threatening, that restricts breathing, or that 
                restricts blood flow to the brain, including prone and 
                supine restraint;
                    (E) physical restraint that is 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) another relevant record made available 
                        to the State or program involved; or
                    (F) physical restraint that is not in compliance 
                with subsection (e)(1).
            (2) Not included.--The term ``unlawful seclusion or 
        restraint'' shall not include--
                    (A) a time out; or
                    (B) a device 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, provided that such devices are not used to 
                purposefully cause a student pain as a means of 
                behavioral modification, 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.
    (c) Private Right of Action.--
            (1) In general.--A student who has been subjected to 
        unlawful seclusion or restraint in violation of subsection (a), 
        or the parent of such student, may file a civil action against 
        the program under which the violation is alleged to have 
        occurred in an appropriate district court of the United States 
        or in State court for declaratory judgement, injunctive relief, 
        compensatory relief, attorneys' fees, or expert fees.
            (2) Limitation on liability.--Program personnel shall not 
        be liable to any person in a proceeding described in paragraph 
        (1) or in an arbitration proceeding for a violation of 
        subsection (a).
            (3) No sovereign immunity.--No program shall be immune 
        under the Eleventh Amendment of the Constitution of the United 
        States from suit in Federal or State court for a violation of 
        subsection (a) of this section.
    (d) Enforcement.--
            (1) Investigations.--
                    (A) In general.--The Secretary shall address any 
                complaints alleging a violation of subsection (a) by an 
                entity described in subparagraphs (A) or (C) of section 
                2(8) for an appropriate investigation.
                    (B) Head start.--The Secretary of Health and Human 
                Services shall address any complaints alleging a 
                violation of subsection (a) by an entity described in 
                section 2(8)(B) for an appropriate investigation.
            (2) Withholding payments.--In the event a student has been 
        subjected to unlawful seclusion or restraint in violation of 
        subsection (a), the Secretary shall withhold from the program 
        under which the violation occurred, in whole or in part, 
        further payments (including payments for administrative costs) 
        in accordance with section 455 of the General Education 
        Provisions Act (20 U.S.C. 1234d).
            (3) Head start programs.--The Secretary of Health and Human 
        Services, in coordination with the Secretary, shall--
                    (A) ensure that entities described in section 
                2(8)(B) meet the requirements described in subsection 
                (e);
                    (B) promulgate regulations with respect to how the 
                reporting requirements described in section 202(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
                    (C) in the event a student served by a program that 
                serves children who receive services for which 
                financial assistance is provided in accordance with the 
                Head Start Act (42 U.S.C. 9831 et seq.) has been 
                subjected to unlawful seclusion or restraint in 
                violation of subsection (a), withhold from the program 
                under which the violation occurred, in whole or in 
                part, further payments (including payments for 
                administrative costs) in accordance with section 646 of 
                the Head Start Act (42 U.S.C. 9841).
    (e) Additional Requirements.--The Secretary shall ensure that each 
program that receives Federal financial assistance meets the following 
requirements:
            (1) Physical restraint.--The use of physical restraint by 
        any program personnel, a school security guard, or a law 
        enforcement officer shall be considered in compliance with the 
        requirements of 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, program 
                personnel, a school security guard, a law enforcement 
                officer, or another individual.
                    (B) Before using physical restraint, less 
                restrictive interventions would be ineffective in 
                stopping such imminent danger of serious physical 
                injury.
                    (C) Such physical restraint is imposed by--
                            (i) program personnel, a school security 
                        guard, or a law enforcement officer trained and 
                        certified by a State-approved crisis 
                        intervention training program; or
                            (ii) program personnel, a school security 
                        guard, or a law enforcement officer not trained 
                        and certified as described in clause (i), in 
                        the case of a rare and clearly unavoidable 
                        emergency circumstance when program personnel, 
                        a school security guard, or a law enforcement 
                        officer trained and certified as described in 
                        clause (i) is not immediately available due to 
                        the unforeseeable nature of the emergency 
                        circumstance.
                    (D) Such physical restraint ends immediately upon 
                the cessation of the imminent danger of serious 
                physical injury to the student, any program personnel, 
                a school security guard, a law enforcement officer, or 
                another individual.
                    (E) The physical restraint does not interfere with 
                the student's ability to communicate in the student's 
                primary language or primary mode of communication.
                    (F) During the physical restraint, the least amount 
                of force necessary is used to protect the student or 
                others from the threatened injury.
            (2) Training.--Each State, in consultation with program 
        officials and State Directors of Head Start Collaboration (as 
        described in section 642B of the Head Start Act (42 U.S.C. 
        9837b)), shall ensure that a sufficient number of program 
        personnel are trained and certified by a State-approved crisis 
        intervention training program to meet the needs of the specific 
        student population in each program.
            (3) 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 intervention plan, or individualized education 
        program (as defined in section 602 of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1401)), except that a 
        program may establish policies and procedures for use of 
        physical restraint in program safety or crisis plans, provided 
        that such a plan is not specific to any individual student.
            (4) Procedures following physical restraint.--Each program 
        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 that occurred or was about to 
                                occur that necessitated the use of 
                                restraint.
                    (B) A meeting between parents of the student and 
                the program, 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 program)--
                            (i) which meeting shall include, at a 
                        minimum--
                                    (I) the parent of such student;
                                    (II) the student involved (if 
                                appropriate);
                                    (III) the program personnel, law 
                                enforcement officer, or school security 
                                guard who imposed the restraint;
                                    (IV) a teacher of such student;
                                    (V) a program 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 program personnel, law 
                        enforcement officer, or school security guard 
                        involved, including--
                                    (I) any precipitating events;
                                    (II) how the incident occurred; and
                                    (III) prior positive behavioral 
                                interventions and supports used to 
                                deescalate the situation; and
                            (iii) which meeting shall include--
                                    (I) the discussion of proactive 
                                strategies to prevent future need for 
                                the use of physical 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 make such a referral for 
                                the student; and
                                    (III) providing 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.

  TITLE II--STATE PLAN, REPORTING REQUIREMENTS, AND GRANTS FOR STATE 
                          EDUCATIONAL AGENCIES

SEC. 201. DEFINITIONS.

    In this title:
            (1) School.--The term ``school'' means an elementary 
        school, secondary school, or special education school.
            (2) Head start program.--The term ``Head Start program'' 
        means a program that serves children who receive services for 
        which financial assistance is provided in accordance with the 
        Head Start Act (42 U.S.C. 9831 et seq.).

SEC. 202. STATE PLAN.

    (a) State Plan.--Not later than 2 years after the date of enactment 
of this Act 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 comply with 
                section 101, including with respect to State-approved 
                crisis intervention training programs; and
                    (B) a State mechanism to effectively monitor and 
                enforce compliance with section 101;
            (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 Department of 
        Education;
            (3) a description of the State plan to ensure program 
        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's plan 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) for public comment--
                    (A) not less than 60 days prior to submission of 
                the State plan, which shall provide stakeholders with 
                the opportunity to provide written comments on the 
                State plan, which shall be included in the State plan, 
                including--
                            (i) how the policies and procedures comply 
                        with section 101;
                            (ii) the policies and procedures related to 
                        State-approved crisis intervention programs;
                            (iii) training provided to program 
                        personnel; and
                            (iv) notification procedures for parents; 
                        and
                    (B) notice of which shall be provided in an 
                accessible format, which is compliant with the most 
                recent Web Content Accessibility Guidelines, or 
                successor guidelines, for stakeholders and posted on a 
                website;
            (6) written response to the public comments provided by 
        stakeholders under paragraph (5); and
            (7) a description of State 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 examine 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 behavioral interventions and 
                supports.
    (b) Reporting.--
            (1) Reporting requirements.--Not later than 2 years after 
        the date of enactment of this Act, and each year thereafter--
                    (A) 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; and
                    (B) each Head Start agency (including each Early 
                Head Start agency) designated under the Head Start Act 
                (42 U.S.C. 9831 et seq.) shall prepare and submit to 
                the Secretary and the Secretary of Health and Human 
                Services, and make available to the public, a report 
                that includes the information described in paragraph 
                (2), except that--
                            (i) such information shall be provided with 
                        respect to each program served by the agency 
                        and with respect to children enrolled in Head 
                        Start programs; and
                            (ii) the information described in subclause 
                        (II)(bb), subclause (III), and subclause (IV) 
                        of paragraph (2)(B)(i) shall not be required.
            (2) Information requirements.--
                    (A) General information requirements.--The report 
                described in paragraph (1) shall include with respect 
                to physical restraint imposed upon students in the 
                preceding full academic or program year--
                            (i) the total number of such incidents;
                            (ii) the total number of students upon whom 
                        such physical restraint was imposed;
                            (iii) in the case in which such physical 
                        restraint was imposed more than twice on a 
                        student, the number of times such student or 
                        child was so restrained; and
                            (iv) the total number of such incidents 
                        where the use of physical restraint is referred 
                        to law enforcement.
                    (B) Disaggregation.--
                            (i) General disaggregation requirements.--
                        The information described in subparagraph (A) 
                        shall be disaggregated as follows:
                                    (I) With respect to the total 
                                number of incidents in which physical 
                                restraint was imposed upon a student, 
                                disaggregated by each of the following:
                                            (aa) By those that resulted 
                                        in injury.
                                            (bb) By those that resulted 
                                        in death.
                                            (cc) By those in which the 
                                        program personnel imposing 
                                        physical restraint was not 
                                        trained and certified, as 
                                        described in section 
                                        101(e)(1)(C)(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, and 
                                        sex;
                                            (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 physical restraint in 
                                which a law enforcement officer or 
                                school security guard was involved, 
                                which may include the law enforcement 
                                officer or school security guard 
                                imposing the physical restraint or 
                                assisting with the physical restraint.
                                    (IV) By the type of school, 
                                including disaggregation by special 
                                education school, charter school, and 
                                private school.
                            (ii) Unduplicated count; exception.--The 
                        information and disaggregation required under 
                        subparagraphs (A) and (B) shall--
                                    (I) 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) not be required in a case in 
                                which the number of students in a 
                                category would reveal personally 
                                identifiable information about an 
                                individual student.

SEC. 203. GRANTS FOR STATE EDUCATIONAL AGENCIES.

    (a) Grants Authorized.--
            (1) In general.--From the amount appropriated under section 
        307 to carry out this section for a fiscal year, the Secretary 
        shall award grants to State educational agencies with an 
        application approved under subsection (c), on the basis of 
        their relative need, as determined with the Secretary in 
        accordance with paragraph (2), to assist the State educational 
        agencies in--
                    (A) establishing, implementing, and enforcing the 
                policies and procedures that ensure compliance with 
                section 101;
                    (B) improving State and local capacity to collect 
                and analyze data related to physical restraint; and
                    (C) improving school climate and culture by 
                implementing schoolwide positive behavioral 
                interventions and supports, mental health supports, 
                restorative justice programs, trauma-informed care, and 
                crisis and de-escalation interventions.
            (2) Determination of relative need.--In determining the 
        relative need of State educational agencies under paragraph 
        (1), the Secretary shall consider--
                    (A) the physical restraint and seclusion incidents 
                that occurred at a school served by the State 
                educational agencies for the most recent academic year 
                for which data are available;
                    (B) the capacity needs of the State educational 
                agency and the local educational agencies served by the 
                State educational agency to collect and analyze the 
                data described in paragraph (1)(B); and
                    (C) whether the State educational agency has been 
                carrying out the activities described in paragraph 
                (1)(C) and, if so, how the activities are being 
                implemented.
            (3) Report.--The Secretary shall provide a report to the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate and the Committee on Education and Labor of the House of 
        Representatives not later than 60 days after the date the 
        Secretary awards a grant to a State under this section 
        detailing why the State was chosen and how the criteria 
        described in subparagraphs (A), (B), and (C) of paragraph (2) 
        were applied to select the State.
    (b) Duration of Grant.--A grant under this section shall be awarded 
to a State educational agency for a 3-year period.
    (c) Application.--
            (1) In general.--To be eligible to receive a grant under 
        this section, each State educational agency desiring a grant 
        shall submit an application to the Secretary at such time, in 
        such manner, and accompanied by such information as the 
        Secretary may require.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                    (A) the total number of incidents in which physical 
                restraint was imposed upon students for the most recent 
                school year;
                    (B) the total number of incidents in which 
                seclusion was imposed upon students for the most recent 
                school year;
                    (C) a description of the State's data collection 
                policies and procedures;
                    (D) a description of crisis intervention or 
                prevention trainings used in the State to prevent or 
                reduce physical restraint and seclusion (if 
                applicable);
                    (E) a description of statewide initiatives 
                regarding school climate and culture (if applicable), 
                such as schoolwide positive behavioral interventions 
                and supports, mental health supports, restorative 
                justice programs, trauma-informed care, and crisis and 
                de-escalation interventions;
                    (F) a description of activities to be funded under 
                the grant and the goals of such activities, including 
                how the activities will eliminate seclusion and reduce 
                and prevent physical restraint; and
                    (G) a description of how the activities under the 
                grant will coordinate and align with current Federal, 
                State, and local policies, programs, or activities 
                regarding seclusion and physical restraint, crisis 
                intervention, and school climate or culture.
    (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, in the manner determined by the State educational 
        agency, to local educational agencies served by the State 
        educational agency.
            (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.
            (3) Early childhood education program participation.--A 
        local educational agency receiving subgrant funds under this 
        section shall ensure that educators working in an early 
        childhood education program, as defined in section 103 of the 
        Higher Education Act of 1965 (20 U.S.C. 1003), may participate, 
        to the extent practicable, on an equitable basis in activities 
        supported by subgrant funds under this section that are 
        trainings on developmentally appropriate practices for meeting 
        the needs of young children.
    (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 
        section 101.
            (2) Implementing and evaluating strategies and procedures 
        to prevent seclusion and to prevent and reduce physical 
        restraint in schools, consistent with such policies.
            (3) Providing professional development, training, and 
        certification for school personnel to comply with such 
        policies.
            (4) Analyzing the information included in a report prepared 
        under section 202(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 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, when conducting disciplinary actions involving 
        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 behavioral 
        interventions and supports, including improving coaching, 
        facilitation, and training capacity for administrators, school 
        leaders, teachers, specialized instructional support personnel, 
        paraprofessionals, and other staff.
            (2) Providing technical assistance to implement evidence-
        based systematic approaches to schoolwide positive behavioral 
        interventions and supports, including technical assistance for 
        data-driven decision making related to behavioral supports and 
        interventions in the classroom.
            (3) Researching, evaluating, and disseminating high-quality 
        evidence-based programs and activities that implement 
        schoolwide positive behavioral interventions and supports with 
        fidelity.
            (4) Supporting other local positive behavioral 
        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, 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 elimination of 
        seclusion and the prevention and reduction of physical 
        restraint in the schools located in the State, consistent with 
        section 101;
            (2) submit to the Secretary a report on such progress; and
            (3) publish such report on the State educational agency 
        website in an accessible format.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. 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 and programs that serve children who 
        receive services for which financial assistance is provided in 
        accordance with the Head Start Act (42 U.S.C. 9831 et seq.) 
        (referred to in this title as ``Head Start programs'');
            (2) analyzing the effectiveness of Federal, State, and 
        local efforts to eliminate seclusion and prevent and reduce the 
        number of physical restraint incidents in schools and Head 
        Start programs;
            (3) identifying the types of programs and services that 
        have demonstrated the greatest effectiveness in eliminating and 
        preventing seclusion and preventing and reducing the number of 
        physical restraint incidents in schools and Head Start 
        programs; 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 and Head Start programs, 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 Health, 
Education, Labor, and Pensions of the Senate and the Committee on 
Education and Labor of the House of Representatives--
            (1) not later than 3 years after the date of the 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. 302. PROTECTION AND ADVOCACY SYSTEMS.

    (a) Notification.--In a case in which physical injury or death of a 
student or of a child enrolled in a Head Start program occurs in 
conjunction with the use of seclusion or physical restraint or any 
intervention used to control behavior at a school or Head Start 
program, 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, or in the case of 
                an agency administering a Head Start program, the 
                appropriate official at the Department of Health and 
                Human Services;
                    (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 or children enrolled in Head Start programs under 
this Act when such students or children are otherwise eligible to be 
clients of the protection and advocacy system, including investigating, 
monitoring, and enforcing such protections.

SEC. 303. SCHOOLS OPERATED OR FUNDED BY THE DEPARTMENT OF THE INTERIOR 
              OR THE DEPARTMENT OF DEFENSE.

    (a) Schools Operated or Funded by Department of the Interior.--The 
Secretary of the Interior shall promulgate regulations to ensure that 
schools operated or funded by the Department of the Interior comply 
with the requirements of title I and section 202(b).
    (b) Schools Operated or Funded by the Department of Defense.--The 
Secretary of Defense shall promulgate regulations to 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 (as described in 
subparagraph (B) or (D)(i) of section 7003(a)(1) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))) comply with the 
requirements of title I and section 202(b).

SEC. 304. RULE OF CONSTRUCTION.

    Subject to section 101(e), nothing in this Act shall be construed 
to prohibit a sworn law enforcement officer with probable cause from 
arresting a student for violating a Federal or State criminal law.

SEC. 305. 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 
        program personnel.

SEC. 306. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act for fiscal year 2022 and each 
succeeding fiscal year.
                                 <all>