[Congressional Record Volume 157, Number 194 (Friday, December 16, 2011)]
[Senate]
[Pages S8739-S8742]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HARKIN.
  S. 2020. A bill to protect all school children against harmful and 
life-threatening seclusion and restraint practices; to the Committee on 
Health, Education, Labor and Pensions.
  Mr. HARKIN. Mr. President, throughout my career in public service I 
have been committed to ensuring that children in this country receive a 
quality education. I believe that each child should be educated in a 
supportive, caring, stimulating environment in which they are treated 
as an individual and provided with the tools they need to succeed. I 
also believe no child should be subjected to abusive disciplinary 
strategies or violent behavioral interventions while in school and no 
child should be secluded or unnecessarily restrained. I have fought to 
ensure that all children be treated fairly in schools in this country, 
and as a result I am pleased to introduce today the Keeping All 
Students Safe Act. This important legislation will protect school 
children against ineffective harmful and life-threatening seclusion and 
restraint practices.
  In 2009 the Government Accountability Office conducted a study on 
seclusion and restraint in schools. This study revealed that although 
the Children's Health Act of 2000 amended Title V of the Public Health 
Service Act and regulated the use of seclusion and restraint on 
residents and children in hospital facilities that receive Federal 
funds, there was no Federal law restricting the use of seclusion and 
restraint in schools. In a hearing on May 19, 2009 parents of children 
who were injured or killed as a result of the use of seclusion and 
restraint in schools testified before the House Committee on Education 
and Labor. This testimony from parents highlighted the very real need 
for this legislation. The Keeping All Students Safe Act addresses many 
of the concerns raised at that hearing and by the G.A.O. study. The act 
specifically prohibits seclusion, the use of locked or barred rooms 
where children are left unattended, without supervision. The act also 
prohibits mechanical and chemical restraints, physical restraints that 
are life-threatening, including those that restrict breathing, and 
aversive behavioral interventions that compromise a student's health 
and safety.
  The G.A.O. study also revealed that restraint and seclusion-related 
fatalities and injuries most often involve children with disabilities. 
This vulnerable population must especially be protected from this type 
of abuse, and this legislation seeks to do just that. The Keeping All 
Students Safe Act prohibits the use of all types of restraint and 
seclusion in all schools receiving Federal financial assistance, and 
prevents the use of this type of intervention from being included in 
any child's individualized education plan. This prohibition is included 
in the act because we know that planning for the use of restraint or 
seclusion has been shown to actually increase their use.
  Although the act does allow for the use of restraint in emergency 
situations to prevent serious bodily injury to the student, other 
students in the classroom, or staff, it also requires

[[Page S8740]]

staff to be trained and certified by a State-approved crisis 
intervention training program as to how to approach these types of 
emergency situations. This will help to ensure that in the rare 
instances where restraint is necessary to prevent serious bodily 
injury, all techniques will be administered appropriately and 
unnecessary injury can be avoided.
  Another issue uncovered by the G.A.O. study was that no web site, 
Federal agency, or other entity currently collects comprehensive data 
related to the use of restraint and seclusion in our Nation's schools. 
This Act will remedy this situation, as it requires each State 
educational agency to prepare and submit a report documenting, among 
other information, any instances in which physical restraint was 
imposed upon a student. This will allow us to track the use of 
restraint and to determine if our efforts to decrease it are being 
successful.
  Support for this Act comes from many sectors of the education 
community. Organizations such as Easter Seals, United Cerebral Palsy, 
The Arc of the United States, the National Disabilities Rights Network 
and the Council of Parent and Attorney Advocates all support this 
legislation. In addition, in the House, our colleague, Representative 
George Miller, introduced in April a companion bill with bi-partisan 
support.
  This act is an important step towards protecting all children within 
our Nation's schools from the use of restraint and seclusion. No child 
should be subjected to physical restraint or seclusion as a 
disciplinary technique or behavior intervention strategy.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2020

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Keeping All Students Safe 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Applicable program.--The term ``applicable program'' 
     has the meaning given the term in section 400(c)(1) of the 
     General Education Provisions Act (20 U.S.C. 1221(c)(1)).
       (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 definitions.--The terms--
       (A) ``Department'', ``educational service agency'', 
     ``elementary school'', ``local educational agency'', 
     ``parent'', ``secondary school'', ``State'', and ``State 
     educational agency'' have the meanings given such terms in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801); and
       (B) ``school resource officer'' and ``school personnel'' 
     have the meanings given such terms in section 4151 of such 
     Act (20 U.S.C. 7161).
       (4) Federal financial assistance.--The term ``Federal 
     financial assistance'' means any grant, loan, contract (other 
     than a procurement contract or a contract of insurance or 
     guaranty), or any other arrangement by which the Department 
     provides or otherwise makes available assistance in the form 
     of--
       (A) funds;
       (B) services of Federal personnel; or
       (C) real and personal property or any interest in or use of 
     such property, including--
       (i) transfers or leases of such property for less than fair 
     market value or for reduced consideration; and
       (ii) proceeds from a subsequent transfer or lease of such 
     property if the Federal share of its fair market value is not 
     returned to the Federal Government.
       (5) Free appropriate public education.--For those students 
     eligible for special education and related services under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.), the term ``free appropriate public education'' has 
     the meaning given the term in section 602 of such Act (20 
     U.S.C. 1401).
       (6) Mechanical restraint.--The term ``mechanical 
     restraint''--
       (A) 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''; and
       (B) does not mean devices used by trained school personnel, 
     or used 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 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.
       (7) Physical escort.--The term ``physical escort'' means 
     the temporary touching or holding of the hand, wrist, arm, 
     shoulder, waist, hip, or back for the purpose of inducing a 
     student to move to a safe location.
       (8) Physical restraint.--The term ``physical restraint'' 
     means a personal restriction that immobilizes or reduces the 
     ability of an individual to move the individual's arms, legs, 
     body, or head freely. Such term does not include a physical 
     escort, mechanical restraint, or chemical restraint.
       (9) Positive behavioral interventions and supports.--The 
     term ``positive behavioral interventions and supports''
       (A) means a school-wide systematic approach to embed 
     evidence-based practices and data-driven decisionmaking to 
     improve school climate and culture in order to achieve 
     improved academic and social outcomes, and increase learning 
     for all students, including those with the most complex and 
     intensive behavioral needs; 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.
       (10) Protection and advocacy system.--The term ``protection 
     and advocacy system'' means a protection and advocacy system 
     established 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.).
       (11) Seclusion.--The term ``seclusion'' means the isolation 
     of a student in a room, enclosure, or space that is--
       (A) locked; or
       (B) unlocked and the student is prevented from leaving.
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Education, and, where appropriate, the Secretary of the 
     Interior and the Secretary of Defense.
       (13) Serious bodily injury.--The term ``serious bodily 
     injury'' has the meaning given the term in section 1365(h) of 
     title 18, United States Code.
       (14) State-approved crisis intervention training program.--
     The term ``State-approved crisis intervention training 
     program'' means a training program approved by a State that, 
     at a minimum, provides training in evidence-based practices 
     shown to be effective--
       (A) in the prevention of the use of physical restraint;
       (B) in keeping both school personnel and students safe in 
     imposing physical restraint in a manner consistent with this 
     Act;
       (C) in the use of data-based decisionmaking and evidence-
     based positive behavioral interventions and supports, safe 
     physical escort, conflict prevention, behavioral antecedents, 
     functional behavioral assessments, de-escalation of 
     challenging behaviors, and conflict management;
       (D) in first aid, including the signs of medical distress, 
     and cardiopulmonary resuscitation; and
       (E) certification for school personnel in the practices and 
     skills described in subparagraphs (A) through (D), which 
     shall be required to be renewed on a periodic basis.
       (15) Student.--The term ``student'' means a student who--
       (A) is enrolled in a public school;
       (B) is enrolled in a private school and is receiving a free 
     appropriate public education at the school under subparagraph 
     (B) or (C) of section 612(a)(10) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1412(a)(10)(B), (C));
       (C) is enrolled in a Head Start or Early Head Start program 
     supported under the Head Start Act (42 U.S.C. 9831); or
       (D) receives services under section 619 or part C of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1419, 
     1431 et seq.).

     SEC. 3. PURPOSE.

       The purposes of this Act are--
       (1) to promote the development of effective intervention 
     and prevention practices that do not use restraints and 
     seclusion;
       (2) to protect all students from physical or mental abuse, 
     aversive behavioral interventions that compromise health and 
     safety, and any restraint imposed for purposes of coercion, 
     discipline or convenience, or as a substitute for appropriate 
     educational or positive behavioral interventions and 
     supports;
       (3) to ensure that staff are safe from the harm that can 
     occur from inexpertly using restraints; and
       (4) to ensure the safety of all students and school 
     personnel and promote positive school culture and climate.

     SEC. 4. MINIMUM STANDARDS; RULE OF CONSTRUCTION.

       Each State and local educational agency receiving Federal 
     financial assistance shall have in place policies that are 
     consistent with the following:
       (1) Prohibition of certain action.--School personnel, 
     contractors, and resource officers are prohibited from 
     imposing on any student--

[[Page S8741]]

       (A) seclusion;
       (B) mechanical restraint;
       (C) chemical restraint;
       (D) aversive behavioral interventions that compromise 
     health and safety;
       (E) physical restraint that is life-threatening, including 
     physical restraint that restricts breathing; and
       (F) physical restraint if contraindicated based on the 
     student's disability, health care needs, or medical or 
     psychiatric condition, as documented in a health care 
     directive or medical management plan, a behavior intervention 
     plan, 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)), or plan developed pursuant to section 504 of the 
     Rehabilitation Act of 1973 (29 U.S.C. 794), or other relevant 
     record made available to the State or local educational 
     agency.
       (2) Physical restraint.--
       (A) In general.--Physical restraint may only be implemented 
     if--
       (i) the student's behavior poses an immediate danger of 
     serious bodily injury to self or others;
       (ii) the physical restraint does not interfere with the 
     student's ability to communicate in the student's primary 
     language or mode of communication; and
       (iii) less restrictive interventions have been ineffective 
     in stopping the immediate danger of serious bodily injury to 
     the student or others, except in a case of a rare and clearly 
     unavoidable emergency circumstance posing immediate danger of 
     serious bodily injury.
       (B) Least amount of force necessary.--When implementing a 
     physical restraint, staff shall use only the amount of force 
     necessary to protect the student or others from the 
     threatened injury.
       (C) End of physical restraint.--The use of physical 
     restraint shall end when--
       (i) a medical condition occurs putting the student at risk 
     of harm;
       (ii) the student's behavior no longer poses an immediate 
     danger of serious bodily injury to the student or others; or
       (iii) less restrictive interventions would be effective in 
     stopping such immediate danger of serious bodily injury.
       (D) Qualifications of individuals engaging in physical 
     restraint.--School personnel imposing physical restraint in 
     accordance with this subsection shall--
       (i) be trained and certified by a State-approved crisis 
     intervention training program, except in the case of rare and 
     clearly unavoidable emergency circumstances when school 
     personnel trained and certified are not immediately available 
     due to the unforeseeable nature of the emergency 
     circumstance;
       (ii) engage in continuous face-to-face monitoring of the 
     student; and
       (iii) be trained in State and school policies and 
     procedures regarding restraint and seclusion.
       (E) Prohibition on use of physical restraint as planned 
     intervention.--The use of physical restraints as a planned 
     intervention shall not be written into a student's education 
     plan, individual safety plan, plan developed pursuant to 
     section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
     794), individualized education program or individualized 
     family service plan (as defined in section 602 of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1401)), or any other planning document for an individual 
     student.
       (3) Other policies.--
       (A) In general.--The State or local educational agency, and 
     each school and educational program served by the State or 
     local educational agency shall--
       (i) establish policies and procedures that ensure school 
     personnel and parents, including private school personnel and 
     parents, are aware of the State, local educational agency, 
     and school's policies and procedures regarding seclusion and 
     restraint;
       (ii) establish policies and procedures to keep all 
     students, including students with the most complex and 
     intensive behavioral needs, and school personnel safe;
       (iii) establish policies and procedures for planning for 
     the appropriate use of restraint in crisis situations in 
     accordance with this Act by a team of professionals trained 
     in accordance with a State-approved crisis intervention 
     training program; and
       (iv) establish policies and procedures to be followed after 
     each incident involving the imposition of physical restraint 
     upon a student, including--

       (I) procedures to provide to the parent of the student, 
     with respect to each such incident--

       (aa) a verbal or electronic communication on the same day 
     as each such incident; and
       (bb) within 24 hours of each such incident, written 
     notification; and

       (II) after the imposition of physical restraint upon a 
     student, procedures to ensure that all school personnel in 
     the proximity of the student immediately before and during 
     the time of the restraint, the parent, the student, 
     appropriate supervisory and administrative staff, and 
     appropriate IEP team members, participate in a debriefing 
     session.

       (B) Debriefing session.--
       (i) In general.--The debriefing session described in 
     subparagraph (A)(iv)(II) shall occur as soon as practicable, 
     but not later than 5 school days following the imposition of 
     physical restraint unless it is delayed by written mutual 
     agreement of the parent and school. Parents shall retain 
     their full legal rights for children under the age of 
     majority concerning participation in the debriefing or other 
     matters.
       (ii) Content of session.--The debriefing session described 
     in subparagraph (A)(iv)(II) shall include--

       (I) identification of antecedents to the physical 
     restraint;
       (II) consideration of relevant information in the student's 
     records, and such information from teachers, other 
     professionals, the parent, and student;
       (III) planning to prevent and reduce reoccurrence of the 
     use of physical restraint, including consideration of the 
     results of any functional behavioral assessments, whether 
     positive behavior plans were implemented with fidelity, 
     recommendations of appropriate positive behavioral 
     interventions and supports to assist personnel responsible 
     for the student's educational plan, the individualized 
     education program for the student, if applicable, and plans 
     providing for reasonable accommodations under section 504 of 
     the Rehabilitation Act of 1973 (29 U.S.C. 794);
       (IV) a plan to have a functional behavioral assessment 
     conducted, reviewed, or revised by qualified professionals, 
     the parent, and the student; and
       (V) for any student not identified as eligible to receive 
     accommodations under section 504 of the Rehabilitation Act of 
     1973 (29 U.S.C. 794) or services under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.), evidence 
     of such a referral or documentation of the basis for 
     declining to refer the student.

       (iii) Communication by the student.--When a student attends 
     a debriefing session described in subparagraph (A)(iv)(II), 
     information communicated by the student may not be used 
     against the student in any disciplinary, criminal, or civil 
     investigation or proceeding.
       (4) Notification in writing on death or bodily injury.--In 
     a case in which serious bodily injury or death of a student 
     occurs in conjunction with the use of physical restraint or 
     any intervention used to control behavior, there are 
     procedures to notify, in writing, within 24 hours after such 
     injury or death occurs--
       (A) the State educational agency and local educational 
     agency;
       (B) local law enforcement; and
       (C) a protection and advocacy system, in the case of a 
     student who is eligible for services from the protection and 
     advocacy system.
       (5) Prohibition against retaliation.--The State or local 
     educational agency, each school and educational program 
     served by the State or local educational agency, and school 
     personnel of such school or program shall not retaliate 
     against any person for having--
       (A) reported a violation of this section or Federal or 
     State regulations or policies promulgated to carry out this 
     section; or
       (B) provided information regarding a violation of this 
     section or Federal or State regulations or policies 
     promulgated to carry out this section.

     SEC. 5. INTERACTION.

       (a) Rule of Construction.--Nothing in this Act shall be 
     construed to restrict or limit, or allow the Secretary to 
     restrict or limit, any other rights or remedies otherwise 
     available to students or parents under Federal or State law 
     (including regulations) or to restrict or limit stronger 
     restrictions on the use of restraint, seclusion, or aversives 
     in Federal or State law (including regulations) or in State 
     policies.
       (b) Denial of a Free Appropriate Public Education.--Failure 
     to meet the minimum standards of this Act as applied to an 
     individual child eligible for accommodations developed 
     pursuant to section 504 of the Rehabilitation Act of 1973 (29 
     U.S.C. 794) or for education or related services under the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.) shall constitute a denial of a free appropriate 
     public education.

     SEC. 6. REPORT REQUIREMENTS.

       (a) In General.--Each State educational agency shall (in 
     compliance with the requirements of section 444 of the 
     General Education Provisions Act (commonly known as the 
     ``Family Educational Rights and Privacy Act of 1974'') (20 
     U.S.C. 1232g)) prepare and submit to the Secretary, and make 
     available to the public, a report with respect to each local 
     educational agency, and each school not under the 
     jurisdiction of a local educational agency, located in the 
     same State as such State educational agency that includes the 
     following information:
       (1) The total number of incidents in which physical 
     restraint was imposed upon a student in the preceding full 
     academic year.
       (2) The information described in paragraph (1) shall be 
     disaggregated--
       (A) by the total number of incidents in which physical 
     restraint was imposed upon a student--
       (i) that resulted in injury to students or school 
     personnel, or both;
       (ii) that resulted in death; and
       (iii) in which the school personnel imposing physical 
     restraint were not trained and certified as described in 
     section 4(2)(D)(i); and
       (B) by the demographic characteristics of all students upon 
     whom physical restraint was imposed, including--
       (i) the subcategories identified in section 
     1111(h)(1)(C)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i));
       (ii) age; and

[[Page S8742]]

       (iii) disability category.
       (b) Unduplicated Count; Exception.--The disaggregation 
     required under subsection (a) shall--
       (1) 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
       (2) 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. 7. GRANT AUTHORITY.

       (a) In General.--From the amount appropriated under section 
     9, the Secretary may award grants to State educational 
     agencies to assist in--
       (1) establishing, implementing, and enforcing the policies 
     and procedures to meet the minimum standards described in 
     this Act;
       (2) improving State and local capacity to collect and 
     analyze data related to physical restraint; and
       (3) improving school climate and culture by implementing 
     school-wide positive behavioral interventions and supports.
       (b) Duration of Grant.--A grant under this section shall be 
     awarded to a State educational agency for a 3-year period.
       (c) Application.--Each State educational agency desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require, including 
     information on how the State educational agency will target 
     resources to schools and local educational agencies in need 
     of assistance related to preventing and reducing physical 
     restraint.
       (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 State educational agency receiving grant 
     funds under this section shall, after timely and meaningful 
     consultation with appropriate private school officials, 
     ensure that private school personnel can participate, on an 
     equitable basis, in activities supported by grant or subgrant 
     funds.
       (2) Public control of funds.--The control of funds provided 
     under this section, and title to materials, equipment, and 
     property with such funds, shall be in a public agency and a 
     public agency shall administer such funds, materials, 
     equipment, and property.
       (f) Required Activities.--A State educational agency 
     receiving a grant, or a local educational agency receiving a 
     subgrant, under this section shall use such grant or subgrant 
     funds to carry out the following:
       (1) Researching, developing, implementing, and evaluating 
     evidence-based strategies, policies, and procedures to reduce 
     and prevent physical restraint in schools, consistent with 
     the minimum standards described in this Act.
       (2) Providing professional development, training, and 
     certification for school personnel to meet such standards.
       (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 1 or more of the following:
       (1) Developing and implementing a high-quality professional 
     development and training program to implement evidence-based 
     systematic approaches to school-wide positive behavioral 
     interventions and supports, including improving coaching, 
     facilitation, and training capacity for administrators, 
     teachers, specialized instructional support personnel, and 
     other staff.
       (2) Providing technical assistance to develop and implement 
     evidence-based systematic approaches to school-wide positive 
     behavioral interventions and supports, including technical 
     assistance for data-driven decisionmaking related to positive 
     behavioral interventions and supports in the classroom.
       (3) Researching, evaluating, and disseminating high-quality 
     evidence-based programs and activities that implement school-
     wide positive behavioral interventions and supports with 
     fidelity.
       (4) Supporting other local positive behavioral 
     interventions and supports implementation activities 
     consistent with this subsection.
       (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 and 
     reduction of physical restraint in the schools located in the 
     State, consistent with the minimum standards; and
       (2) submit to the Secretary a report on such progress.

     SEC. 8. ENFORCEMENT.

       (a) Use of Remedies.--If a State educational agency fails 
     to comply with the requirements under this Act, the Secretary 
     shall--
       (1) 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);
       (2) require a State or local educational agency to submit, 
     and implement, within 1 year of such failure to comply, a 
     corrective plan of action, which may include redirection of 
     funds received under an applicable program;
       (3) issue a complaint to compel compliance of the State or 
     local 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); or
       (4) refer the State to the Department of Justice or 
     Department of Education Office of Civil Rights for an 
     investigation.
       (b) Cessation of Withholding of Funds.--Whenever the 
     Secretary determines (whether by certification or other 
     appropriate evidence) that a State or local educational 
     agency that is subject to the withholding of payments under 
     subsection (a)(1) 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 subsection.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act for fiscal year 2012 and each 
     of the 4 succeeding fiscal years.

                          ____________________