II 

116TH CONGRESS 

2D SESSION S. 4924 

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 

NOVEMBER 30, 2020 

Mr. MURPHY (for himself, Mrs. MURRAY, Mr. CASEY, Mr. KAINE, Ms. HASSAN, Ms. BALDWIN, Mr. VAN HOLLEN, Ms. DUCKWORTH, Mr. BOOKER, 

Mr. BROWN, Mr. BLUMENTHAL, Mr. WYDEN, Ms. WARREN, Mr. SANDERS, Mr. DURBIN, and Mrs. GILLIBRAND) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Keeping All Students Safe Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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 of school. 

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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) CHEMICAL RESTRAINT.—The term ‘‘chem6 ical restraint’’ means a drug or medication used on 

7 a student to control behavior or restrict freedom of 

8 movement that is not— 

9 (A) prescribed by a licensed physician, or 

10 other qualified health professional acting under 

11 the scope of the professional’s authority under 

12 State law, for the standard treatment of a stu13 dent’s medical or psychiatric condition; and 


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1 (B) administered as prescribed by the li2 censed physician or other qualified health pro3 fessional acting under the scope of the profes4 sional’s authority under State law. 

5 (2) ESEA TERMS.—The terms ‘‘early childhood 

6 education program’’, ‘‘educational service agency’’, 

7 ‘‘elementary school’’, ‘‘local educational agency’’, 

8 ‘‘other staff’’, ‘‘paraprofessional’’, ‘‘parent’’, ‘‘school 

9 leader’’, ‘‘secondary school’’, ‘‘specialized instruc10 tional support personnel’’, ‘‘State’’, and ‘‘State edu11 cational agency’’ have the meanings given the terms 

12 in section 8101 of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 7801). 

14 (3) MECHANICAL RESTRAINT.—The term ‘‘me15 chanical restraint’’ means the use of devices as a 

16 means of restricting a student’s freedom of move17 ment. 

18 (4) PHYSICAL ESCORT.—The term ‘‘physical es19 cort’’ means the temporary touching or holding of 

20 the hand, wrist, arm, shoulder, or back for the pur21 pose of inducing a student who is acting out to walk 

22 to a safe location. 

23 (5) PHYSICAL RESTRAINT.—The term ‘‘physical 

24 restraint’’ means a personal restriction that immo25 bilizes or reduces the ability of an individual to move 


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1 the individual’s arms, legs, torso, or head freely, ex2 cept that such term does not include a physical es3 cort, mechanical restraint, or chemical restraint. 

4 (6) POSITIVE BEHAVIORAL INTERVENTIONS

5 AND SUPPORTS.—The term ‘‘positive behavioral 

6 interventions and supports’’— 

7 (A) means a schoolwide, systematic ap8 proach that embeds evidence-based practices 

9 and data-driven decision making to improve 

10 school climate and culture in order to achieve 

11 improved academic and social outcomes and in12 crease learning for all students (including stu13 dents with the most complex and intensive be14 havioral needs); and 

15 (B) encompasses a range of systemic and 

16 individualized positive strategies to teach and 

17 reinforce school-expected behaviors, while dis18 couraging and diminishing undesirable behav19 iors. 

20 (7) PROGRAM.—The term ‘‘program’’ means— 

21 (A) all of the operations of a local edu22 cational agency, system of vocational education, 

23 or other school system; 

24 (B) a program that serves children who re25 ceive services for which financial assistance is 


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1 provided in accordance with the Head Start Act 

2 (42 U.S.C. 9831 et seq.); or 

3 (C) an elementary school or secondary 

4 school that is not a public school that enrolls a 

5 student who receives special education and re6 lated services under the Individuals with Dis7 abilities Education Act (20 U.S.C. 1400 et 

8 seq.). 

9 (8) PROGRAM PERSONNEL.— 

10 (A) IN GENERAL.—Subject to subpara11 graph (B), the term ‘‘program personnel’’ 

12 means any agent of a program, including an in13 dividual who is employed by a program, or who 

14 performs services for a program on a contrac15 tual basis, including— 

16 (i) school leaders; 

17 (ii) teachers; 

18 (iii) specialized instructional support 

19 personnel; 

20 (iv) paraprofessionals; or 

21 (v) other staff. 

22 (B) EXCLUSION.—Notwithstanding sub23 paragraph (A), program personnel shall not in24 clude a school resource officer or a school secu25 rity guard. 


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1 (9) PROTECTION AND ADVOCACY SYSTEM.—The 

2 term ‘‘protection and advocacy system’’ means a 

3 protection and advocacy system established under 

4 section 143 of the Developmental Disabilities Assist5 ance and Bill of Rights Act of 2000 (42 U.S.C. 

6 15043). 

7 (10) SCHOOL RESOURCE OFFICER.—The term 

8 ‘‘school resource officer’’ means a sworn law enforce9 ment officer who is— 

10 (A) assigned by the employing police de11 partment to a program; 

12 (B) contracting with a program; or 

13 (C) employed by a program. 

14 (11) SCHOOL SECURITY GUARD.—The term 

15 ‘‘school security guard’’ means an individual who is 

16 not a sworn law enforcement officer and who is re17 sponsible for addressing one or more of the following 

18 safety and crime prevention activities in and around 

19 a program: 

20 (A) Assisting program personnel in safety 

21 incidents. 

22 (B) Educating students in crime and ille23 gal drug use prevention and safety. 

24 (C) Developing or expanding community 

25 justice initiatives for students. 


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1 (D) Training students in conflict resolution 

2 and supporting restorative justice programs. 

3 (E) Serving as a liaison between the pro4 gram and outside agencies, including other law 

5 enforcement agencies. 

6 (F) Screening students or visitors to the 

7 program for prohibited items. 

8 (12) SECLUSION.—The term ‘‘seclusion’’ means 

9 the involuntary confinement of a student alone in a 

10 room or area from which the student is physically 

11 prevented from leaving, except that such term does 

12 not include a time out. 

13 (13) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of Education. 

15 (14) SPECIAL EDUCATION SCHOOL.—The term 

16 ‘‘special education school’’ means a school that fo17 cuses primarily on serving the needs of students 

18 with disabilities under the Individuals with Disabil19 ities Education Act (20 U.S.C. 1400 et seq.) or sec20 tion 504 of the Rehabilitation Act of 1973 (29 

21 U.S.C. 794). 

22 (15) STATE-APPROVED CRISIS INTERVENTION

23 TRAINING PROGRAM.—The term ‘‘State-approved 

24 crisis intervention training program’’ means a trainVerDate Sep 11 2014 01:06 Dec 03, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4924.IS S4924

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1 ing program approved by a State and the Secretary 

2 that, at a minimum, provides— 

3 (A) training in evidence-based techniques 

4 shown to be effective in the prevention of phys5 ical restraint; 

6 (B) evidence-based skills training related 

7 to positive behavioral interventions and sup8 ports, safe physical escort, conflict prevention, 

9 understanding antecedents, deescalation, and 

10 conflict management; 

11 (C) training in evidence-based techniques 

12 shown to be effective in keeping both school 

13 personnel and students safe when imposing 

14 physical restraint; 

15 (D) training in first aid and 

16 cardiopulmonary resuscitation; 

17 (E) information describing State policies 

18 and procedures to ensure compliance with sec19 tion 101; and 

20 (F) certification for school personnel, 

21 school resource officers, and school security 

22 guards in the techniques and skills described in 

23 subparagraphs (A) through (D), which shall be 

24 required to be renewed on a periodic basis. 

25 (16) STUDENT.—The term ‘‘student’’ means— 


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1 (A) for purposes of title I, a student en2 rolled in a program; and 

3 (B) for purposes of title II, a student en4 rolled in an elementary school or secondary 

5 school. 

6 (17) TIME OUT.— 

7 (A) IN GENERAL.—The term ‘‘time out’’ 

8 means a behavior management technique that 

9 may involve the separation of the student from 

10 the group or classroom in a non-locked setting. 

11 (B) CLARIFICATION.—The term ‘‘time 

12 out’’ does not include— 

13 (i) seclusion; or 

14 (ii) a separation of the student de15 scribed in subparagraph (A) from which 

16 such student is physically or otherwise pro17 hibited from leaving. 

18 TITLE I—PROHIBITIONS ON RE19 STRAINT AND SECLUSION 

20 AND ADDITIONAL REQUIRE21 MENTS 

22 SEC. 101. PROHIBITION, ADDITIONAL REQUIREMENTS. 

23 (a) PROHIBITION.—No student shall be subjected to 

24 unlawful seclusion or restraint by program personnel, a 

25 school resource officer, or a school security guard, while 


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1 attending any program that receives Federal financial as2 sistance. 

3 (b) UNLAWFUL SECLUSION OR RESTRAINT DE4 FINED.— 

5 (1) IN GENERAL.—In this section, the term 

6 ‘‘unlawful seclusion or restraint’’ means— 

7 (A) seclusion; 

8 (B) mechanical restraint; 

9 (C) chemical restraint; 

10 (D) physical restraint or physical escort 

11 that is life threatening, that restricts breathing, 

12 or that restricts blood flow to the brain, includ13 ing prone and supine restraint; 

14 (E) physical restraint that is contra15 indicated based on the student’s disability, 

16 health care needs, or medical or psychiatric con17 dition, as documented in— 

18 (i) a health care directive or medical 

19 management plan; 

20 (ii) a behavior intervention plan; 

21 (iii) an individualized education pro22 gram or an individualized family service 

23 plan (as defined in section 602 of the Indi24 viduals with Disabilities Education Act (20 

25 U.S.C. 1401)); 


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1 (iv) a plan developed pursuant to sec2 tion 504 of the Rehabilitation Act of 1973 

3 (29 U.S.C. 794) or title II of the Ameri4 cans with Disabilities Act of 1990 (42 

5 U.S.C. 12131 et seq.); or 

6 (v) another relevant record made 

7 available to the State or program involved; 

8 or 

9 (F) physical restraint that is not in compli10 ance with subsection (e)(1). 

11 (2) NOT INCLUDED.—The term ‘‘unlawful se12 clusion or restraint’’ shall not include— 

13 (A) a time out; or 

14 (B) a device implemented by trained school 

15 personnel, or utilized by a student, for the spe16 cific and approved therapeutic or safety pur17 poses for which such devices were designed and, 

18 if applicable, prescribed, provided that such de19 vices are not used to purposefully cause a stu20 dent pain as a means of behavioral modifica21 tion, including— 

22 (i) restraints for medical immobiliza23 tion; 

24 (ii) adaptive devices or mechanical 

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1 tion, balance, or alignment to allow greater 

2 freedom of mobility than would be possible 

3 without the use of such devices or mechan4 ical supports; or 

5 (iii) vehicle safety restraints when 

6 used as intended during the transport of a 

7 student in a moving vehicle. 

8 (c) PRIVATE RIGHT OF ACTION.— 

9 (1) IN GENERAL.—A student who has been sub10 jected to unlawful seclusion or restraint in violation 

11 of subsection (a), or the parent of such student, may 

12 file a civil action against the program under which 

13 the violation is alleged to have occurred in an appro14 priate district court of the United States or in State 

15 court for declaratory judgement, injunctive relief, 

16 compensatory relief, attorneys’ fees, or expert fees. 

17 (2) LIMITATION ON LIABILITY.—Program per18 sonnel shall not be liable to any person in a pro19 ceeding described in paragraph (1) or in an arbitra20 tion proceeding for a violation of subsection (a). 

21 (3) NO SOVEREIGN IMMUNITY.—No program 

22 shall be immune under the Eleventh Amendment of 

23 the Constitution of the United States from suit in 

24 Federal or State court for a violation of subsection 

25 (a) of this section. 


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1 (d) ENFORCEMENT.— 

2 (1) INVESTIGATIONS.— 

3 (A) IN GENERAL.—The Secretary shall ad4 dress any complaints alleging a violation of sub5 section (a) by an entity described in subpara6 graphs (A) or (C) of section 2(7) for an appro7 priate investigation. 

8 (B) HEAD START.—The Secretary of 

9 Health and Human Services shall address any 

10 complaints alleging a violation of subsection (a) 

11 by an entity described in section 2(7)(B) for an 

12 appropriate investigation. 

13 (2) WITHHOLDING PAYMENTS.—In the event a 

14 student has been subjected to unlawful seclusion or 

15 restraint in violation of subsection (a), the Secretary 

16 shall withhold from the program under which the 

17 violation occurred, in whole or in part, further pay18 ments (including payments for administrative costs) 

19 in accordance with section 455 of the General Edu20 cation Provisions Act (20 U.S.C. 1234d). 

21 (3) HEAD START PROGRAMS.—The Secretary of 

22 Health and Human Services, in coordination with 

23 the Secretary, shall— 


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1 (A) ensure that entities described in sec2 tion 2(7)(B) meet the requirements described in 

3 subsection (e); 

4 (B) promulgate regulations with respect to 

5 how the reporting requirements described in 

6 section 202(b) shall be carried out with respect 

7 to Head Start agencies (including Early Head 

8 Start agencies) under the Head Start Act (42 

9 U.S.C. 9801 et seq.); and 

10 (C) in the event a student served by a pro11 gram that serves children who receive services 

12 for which financial assistance is provided in ac13 cordance with the Head Start Act (42 U.S.C. 

14 9831 et seq.) has been subjected to unlawful se15 clusion or restraint in violation of subsection 

16 (a), withhold from the program under which the 

17 violation occurred, in whole or in part, further 

18 payments (including payments for administra19 tive costs) in accordance with section 646 of the 

20 Head Start Act (42 U.S.C. 9841). 

21 (e) ADDITIONAL REQUIREMENTS.—The Secretary 

22 shall ensure that each program that receives Federal fi23 nancial assistance meets the following requirements: 

24 (1) PHYSICAL RESTRAINT.—The use of physical 

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1 rity guard, or a school resource officer shall be con2 sidered in compliance with the requirements of this 

3 subsection only if each of the following requirements 

4 are met: 

5 (A) The student’s behavior poses an immi6 nent danger of serious physical injury to the 

7 student, program personnel, a school security 

8 guard, a school resource officer, or another in9 dividual. 

10 (B) Before using physical restraint, less 

11 restrictive interventions would be ineffective in 

12 stopping such imminent danger of serious phys13 ical injury. 

14 (C) Such physical restraint is imposed 

15 by— 

16 (i) program personnel, a school secu17 rity guard, or a school resource officer 

18 trained and certified by a State-approved 

19 crisis intervention training program; or 

20 (ii) program personnel, a school secu21 rity guard, or a school resource officer not 

22 trained and certified as described in clause 

23 (i), in the case of a rare and clearly un24 avoidable emergency circumstance when 

25 program personnel, a school security 


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1 guard, or a school resource officer trained 

2 and certified as described in clause (i) is 

3 not immediately available due to the un4 foreseeable nature of the emergency cir5 cumstance. 

6 (D) Such physical restraint ends imme7 diately upon the cessation of the imminent dan8 ger of serious physical injury to the student, 

9 any program personnel, a school security guard, 

10 a school resource officer, or another individual. 

11 (E) The physical restraint does not inter12 fere with the student’s ability to communicate 

13 in the student’s primary language or primary 

14 mode of communication. 

15 (F) During the physical restraint, the least 

16 amount of force necessary is used to protect the 

17 student or others from the threatened injury. 

18 (2) TRAINING.—Each State, in consultation 

19 with program officials and State Directors of Head 

20 Start Collaboration (as described in section 642B of 

21 the Head Start Act (42 U.S.C. 9837b)), shall ensure 

22 that a sufficient number of program personnel are 

23 trained and certified by a State-approved crisis 

24 intervention training program to meet the needs of 

25 the specific student population in each program. 


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1 (3) PROHIBITION ON PLANNED INTERVEN2 TION.—The use of physical restraint as a planned 

3 intervention shall not be written into a student’s 

4 education plan, individual safety plan, behavioral 

5 intervention plan, or individualized education pro6 gram (as defined in section 602 of the Individuals 

7 with Disabilities Education Act (20 U.S.C. 1401)), 

8 except that a program may establish policies and 

9 procedures for use of physical restraint in program 

10 safety or crisis plans, provided that such a plan is 

11 not specific to any individual student. 

12 (4) PROCEDURES FOLLOWING PHYSICAL RE13 STRAINT.—Each program shall establish procedures 

14 to be followed after an incident involving the imposi15 tion of physical restraint upon a student, which shall 

16 include each of the following: 

17 (A) Procedures to provide to the parent of 

18 the student, with respect to such incident— 

19 (i) an immediate verbal or electronic 

20 communication, as soon as is practicable 

21 and not later than the same day as the in22 cident; and 

23 (ii) written notification, as soon as is 

24 practicable, and not later than 24 hours 


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1 after the incident that shall include, at 

2 minimum— 

3 (I) a description of the incident, 

4 including precipitating events; 

5 (II) positive interventions used 

6 prior to restraint; 

7 (III) the length of time of re8 straint; and 

9 (IV) a description of the serious 

10 physical injury of the student or oth11 ers that occurred or was about to 

12 occur that necessitated the use of re13 straint. 

14 (B) A meeting between parents of the stu15 dent and the program, as soon as is practicable, 

16 and not later than 5 school days following the 

17 incident (unless such meeting is delayed by 

18 written mutual agreement of the parent and 

19 program)— 

20 (i) which meeting shall include, at a 

21 minimum— 

22 (I) the parent of such student; 

23 (II) the student involved (if ap24 propriate); 


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1 (III) the program personnel, 

2 school resource officer, or school secu3 rity guard who imposed the restraint; 

4 (IV) a teacher of such student; 

5 (V) a program leader of such stu6 dent; and 

7 (VI) an expert on behavior inter8 ventions, who may be a special edu9 cation teacher; 

10 (ii) the purpose of which shall be to 

11 discuss the incident, as described by both 

12 the student and the program personnel, 

13 school resource officer, or school security 

14 guard involved, including— 

15 (I) any precipitating events; 

16 (II) how the incident occurred; 

17 and 

18 (III) prior positive behavioral 

19 interventions and supports used to de20 escalate the situation; and 

21 (iii) which meeting shall include— 

22 (I) the discussion of proactive 

23 strategies to prevent future need for 

24 the use of physical restraint; 


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1 (II)(aa) for a student identified 

2 as eligible to receive accommodations 

3 under section 504 of the Rehabilita4 tion Act of 1973 (29 U.S.C. 794) or 

5 title II of the Americans with Disabil6 ities Act of 1990 (42 U.S.C. 12131 et 

7 seq.), or accommodations or special 

8 education or related services under 

9 the Individuals with Disabilities Edu10 cation Act (20 U.S.C. 1400 et seq.), 

11 a discussion of the need for a func12 tional behavioral assessment and a be13 havior intervention plan; or 

14 (bb) for a student not identified 

15 as eligible to receive accommodations 

16 under the provisions of law described 

17 in item (aa), evidence of a referral for 

18 such accommodations or special edu19 cation or related services, or docu20 mentation of the basis for declining to 

21 make such a referral for the student; 

22 and 

23 (III) providing to the parent, for 

24 use during the meeting, a written 

25 statement from each adult witness 


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1 who was in the proximity of the stu2 dent immediately before and during 

3 the time of the physical restraint, but 

4 was not directly involved in such re5 straint. 

6 TITLE II—STATE PLAN, REPORT7 ING REQUIREMENTS, AND 

8 GRANTS FOR STATE EDU9 CATIONAL AGENCIES 

10 SEC. 201. DEFINITIONS. 

11 In this title: 

12 (1) SCHOOL.—The term ‘‘school’’ means an ele13 mentary school, secondary school, or special edu14 cation school. 

15 (2) HEAD START PROGRAM.—The term ‘‘Head 

16 Start program’’ means a program that serves chil17 dren who receive services for which financial assist18 ance is provided in accordance with the Head Start 

19 Act (42 U.S.C. 9831 et seq.). 

20 SEC. 202. STATE PLAN. 

21 (a) STATE PLAN.—Not later than 2 years after the 

22 date of enactment of this Act and each year thereafter, 

23 each State educational agency shall submit to the Sec24 retary a State plan that provides— 


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1 (1) demonstrations to the Secretary that the 

2 State has in effect— 

3 (A) State policies and procedures that 

4 comply with section 101, including with respect 

5 to State-approved crisis intervention training 

6 programs; and 

7 (B) a State mechanism to effectively mon8 itor and enforce compliance with section 101; 

9 (2) a description of the State policies and pro10 cedures, including a description of the State-ap11 proved crisis intervention training programs in such 

12 State and how the State ensures accurate and timely 

13 reporting to the Department of Education; 

14 (3) a description of the State plan to ensure 

15 program personnel, students, and parents (including 

16 private school personnel, students, and parents) are 

17 aware of the State policies and procedures; 

18 (4) a description of the State activities de19 scribed in the State’s plan under section 1111(g) of 

20 the Elementary and Secondary Education Act of 

21 1965 (20 U.S.C. 6311(g)) that reduce aversive be22 havioral interventions and improve school conditions; 

23 (5) for public comment— 

24 (A) not less than 60 days prior to submis25 sion of the State plan, which shall provide 


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1 stakeholders with the opportunity to provide 

2 written comments on the State plan, which 

3 shall be included in the State plan, including— 

4 (i) how the policies and procedures 

5 comply with section 101; 

6 (ii) the policies and procedures related 

7 to State-approved crisis intervention pro8 grams; 

9 (iii) training provided to program per10 sonnel; and 

11 (iv) notification procedures for par12 ents; and 

13 (B) notice of which shall be provided in an 

14 accessible format, which is compliant with the 

15 most recent Web Content Accessibility Guide16 lines, or successor guidelines, for stakeholders 

17 and posted on a website; 

18 (6) written response to the public comments 

19 provided by stakeholders under paragraph (5); and 

20 (7) a description of State oversight of schools 

21 that includes— 

22 (A) monitoring use of restraint in the 

23 schools; 

24 (B) monitoring compliance with the prohi25 bition on seclusion in schools; 


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1 (C) not less than every 6 months, discus2 sions between State educational agency officials 

3 and school leaders to examine the progress of 

4 reducing the use of physical restraint in 

5 schools; 

6 (D) not less than annual site visits to the 

7 special education schools in the State; and 

8 (E) technical assistance to focus on the use 

9 of proactive, positive behavioral interventions 

10 and supports. 

11 (b) REPORTING.— 

12 (1) REPORTING REQUIREMENTS.—Not later 

13 than 2 years after the date of enactment of this Act, 

14 and each year thereafter— 

15 (A) each State educational agency shall (in 

16 compliance with the requirements of section 

17 444 of the General Education Provisions Act 

18 (commonly known as the Family Educational 

19 Rights and Privacy Act of 1974) (20 U.S.C. 

20 1232g)) prepare and submit to the Secretary, 

21 and make available to the public, a report that 

22 includes the information described in paragraph 

23 (2), with respect to each local educational agen24 cy, each special education school, and each 

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1 cational agency, located in the same State as 

2 such State educational agency; and 

3 (B) each Head Start agency (including 

4 each Early Head Start agency) designated 

5 under the Head Start Act (42 U.S.C. 9831 et 

6 seq.) shall prepare and submit to the Secretary 

7 and the Secretary of Health and Human Serv8 ices, and make available to the public, a report 

9 that includes the information described in para10 graph (2), except that— 

11 (i) such information shall be provided 

12 with respect to each program served by the 

13 agency and with respect to children en14 rolled in Head Start programs; and 

15 (ii) the information described in sub16 clause (II)(bb), subclause (III), and sub17 clause (IV) of paragraph (2)(B)(i) shall 

18 not be required. 

19 (2) INFORMATION REQUIREMENTS.— 

20 (A) GENERAL INFORMATION REQUIRE21 MENTS.—The report described in paragraph (1) 

22 shall include with respect to physical restraint 

23 imposed upon students in the preceding full 

24 academic or program year— 

25 (i) the total number of such incidents; 


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1 (ii) the total number of students upon 

2 whom such physical restraint was imposed; 

3 (iii) in the case in which such physical 

4 restraint was imposed more than twice on 

5 a student, the number of times such stu6 dent or child was so restrained; and 

7 (iv) the total number of such incidents 

8 where the use of physical restraint is re9 ferred to law enforcement. 

10 (B) DISAGGREGATION.— 

11 (i) GENERAL DISAGGREGATION RE12 QUIREMENTS.—The information described 

13 in subparagraph (A) shall be disaggregated 

14 as follows: 

15 (I) With respect to the total 

16 number of incidents in which physical 

17 restraint was imposed upon a student, 

18 disaggregated by each of the fol19 lowing: 

20 (aa) By those that resulted 

21 in injury. 

22 (bb) By those that resulted 

23 in death. 

24 (cc) By those in which the 

25 program personnel imposing 


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1 physical restraint was not trained 

2 and certified, as described in sec3 tion 101(e)(1)(C)(i). 

4 (II) By the demographic charac5 teristics of all students upon whom 

6 physical restraint was imposed, in7 cluding disaggregation— 

8 (aa) by each major racial 

9 and ethnic group, economically 

10 disadvantaged students as com11 pared to students who are not 

12 economically disadvantaged, 

13 English proficiency status, and 

14 sex; 

15 (bb) by students with an in16 dividualized education program 

17 under section 614(d) of the Indi18 viduals with Disabilities Edu19 cation Act (20 U.S.C. 1414(d)); 

20 (cc) by students who have a 

21 plan developed pursuant to sec22 tion 504 of the Rehabilitation 

23 Act of 1973 (29 U.S.C. 794); 

24 and 


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1 (dd) by students who have a 

2 plan developed pursuant to title 

3 II of the Americans with Disabil4 ities Act of 1990 (42 U.S.C. 

5 12131 et seq.). 

6 (III) By the total number of inci7 dents of physical restraint in which a 

8 school resource officer or school secu9 rity guard was involved, which may 

10 include the school resource officer or 

11 school security guard imposing the 

12 physical restraint or assisting with the 

13 physical restraint. 

14 (IV) By the type of school, in15 cluding disaggregation by special edu16 cation school, charter school, and pri17 vate school. 

18 (ii) UNDUPLICATED COUNT; EXCEP19 TION.—The information and 

20 disaggregation required under subpara21 graphs (A) and (B) shall— 

22 (I) be carried out in a manner to 

23 ensure an unduplicated count of the 

24 total number of incidents in the pre25 ceding full academic year in which 


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1 physical restraint was imposed upon a 

2 student; and 

3 (II) not be required in a case in 

4 which the number of students in a 

5 category would reveal personally iden6 tifiable information about an indi7 vidual student. 

8 SEC. 203. GRANTS FOR STATE EDUCATIONAL AGENCIES. 

9 (a) GRANTS AUTHORIZED.— 

10 (1) IN GENERAL.—From the amount appro11 priated under section 307 to carry out this section 

12 for a fiscal year, the Secretary shall award grants to 

13 State educational agencies with an application ap14 proved under subsection (c), on the basis of their 

15 relative need, as determined with the Secretary in 

16 accordance with paragraph (2), to assist the State 

17 educational agencies in— 

18 (A) establishing, implementing, and enforc19 ing the policies and procedures that ensure 

20 compliance with section 101; 

21 (B) improving State and local capacity to 

22 collect and analyze data related to physical re23 straint; and 

24 (C) improving school climate and culture 

25 by implementing schoolwide positive behavioral 


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1 interventions and supports, mental health sup2 ports, restorative justice programs, trauma-in3 formed care, and crisis and de-escalation inter4 ventions. 

5 (2) DETERMINATION OF RELATIVE NEED.—In 

6 determining the relative need of State educational 

7 agencies under paragraph (1), the Secretary shall 

8 consider— 

9 (A) the physical restraint and seclusion in10 cidents that occurred at a school served by the 

11 State educational agencies for the most recent 

12 academic year for which data are available; 

13 (B) the capacity needs of the State edu14 cational agency and the local educational agen15 cies served by the State educational agency to 

16 collect and analyze the data described in para17 graph (1)(B); and 

18 (C) whether the State educational agency 

19 has been carrying out the activities described in 

20 paragraph (1)(C) and, if so, how the activities 

21 are being implemented. 

22 (3) REPORT.—The Secretary shall provide a re23 port to the Committee on Health, Education, Labor, 

24 and Pensions of the Senate and the Committee on 

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1 tives not later than 60 days after the date the Sec2 retary awards a grant to a State under this section 

3 detailing why the State was chosen and how the cri4 teria described in subparagraphs (A), (B), and (C) 

5 of paragraph (2) were applied to select the State. 

6 (b) DURATION OF GRANT.—A grant under this sec7 tion shall be awarded to a State educational agency for 

8 a 3-year period. 

9 (c) APPLICATION.— 

10 (1) IN GENERAL.—To be eligible to receive a 

11 grant under this section, each State educational 

12 agency desiring a grant shall submit an application 

13 to the Secretary at such time, in such manner, and 

14 accompanied by such information as the Secretary 

15 may require. 

16 (2) CONTENTS.—Each application submitted 

17 under paragraph (1) shall include— 

18 (A) the total number of incidents in which 

19 physical restraint was imposed upon students 

20 for the most recent school year; 

21 (B) the total number of incidents in which 

22 seclusion was imposed upon students for the 

23 most recent school year; 

24 (C) a description of the State’s data collec25 tion policies and procedures; 


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1 (D) a description of crisis intervention or 

2 prevention trainings used in the State to pre3 vent or reduce physical restraint and seclusion 

4 (if applicable); 

5 (E) a description of statewide initiatives 

6 regarding school climate and culture (if applica7 ble), such as schoolwide positive behavioral 

8 interventions and supports, mental health sup9 ports, restorative justice programs, trauma-in10 formed care, and crisis and de-escalation inter11 ventions; 

12 (F) a description of activities to be funded 

13 under the grant and the goals of such activities, 

14 including how the activities will eliminate seclu15 sion and reduce and prevent physical restraint; 

16 and 

17 (G) a description of how the activities 

18 under the grant will coordinate and align with 

19 current Federal, State, and local policies, pro20 grams, or activities regarding seclusion and 

21 physical restraint, crisis intervention, and 

22 school climate or culture. 

23 (d) AUTHORITY TO MAKE SUBGRANTS.— 

24 (1) IN GENERAL.—A State educational agency 

25 receiving a grant under this section may use such 


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1 grant funds to award subgrants, in the manner de2 termined by the State educational agency, to local 

3 educational agencies served by the State educational 

4 agency. 

5 (2) APPLICATION.—A local educational agency 

6 desiring to receive a subgrant under this section 

7 shall submit an application to the applicable State 

8 educational agency at such time, in such manner, 

9 and containing such information as the State edu10 cational agency may require. 

11 (3) EARLY CHILDHOOD EDUCATION PROGRAM

12 PARTICIPATION.—A local educational agency receiv13 ing subgrant funds under this section shall ensure 

14 that educators working in an early childhood edu15 cation program, as defined in section 103 of the 

16 Higher Education Act of 1965 (20 U.S.C. 1003), 

17 may participate, to the extent practicable, on an eq18 uitable basis in activities supported by subgrant 

19 funds under this section that are trainings on devel20 opmentally appropriate practices for meeting the 

21 needs of young children. 

22 (e) PRIVATE SCHOOL PARTICIPATION.— 

23 (1) IN GENERAL.—A local educational agency 

24 receiving subgrant funds under this section shall, 

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1 priate private school officials, ensure that private 

2 school personnel may participate, on an equitable 

3 basis, in activities supported by subgrant funds 

4 under this section. 

5 (2) PUBLIC CONTROL OF FUNDS.—The control 

6 of grant and subgrant funds under this section, and 

7 title to materials, equipment, and property pur8 chased with such funds, shall be in a public agency 

9 for the uses and purposes provided in this Act, and 

10 a public agency shall administer such funds, mate11 rials, equipment, and property. 

12 (3) PROVISION OF SERVICES.— 

13 (A) IN GENERAL.—Services described 

14 under this section shall be provided— 

15 (i) by employees of a public agency; or 

16 (ii) through contract by the public 

17 agency with an individual or entity. 

18 (B) INDEPENDENCE; PUBLIC AGENCY.— 

19 An individual or entity described in subpara20 graph (A)(ii) that contracts with a public agen21 cy to provide services under this section shall be 

22 independent of a private school and of any reli23 gious organization. Individuals providing such 

24 services shall be employed by and under the 

25 control and supervision of the public agency. 


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1 (C) COMMINGLING OF FUNDS PROHIB2 ITED.—Funds used to provide services under 

3 this section shall not be commingled with non4 Federal funds. 

5 (f) REQUIRED ACTIVITIES.—A State educational 

6 agency receiving a grant, or a local educational agency re7 ceiving a subgrant, under this section shall use such grant 

8 or subgrant funds to carry out the following: 

9 (1) Establishing and implementing policies to 

10 prohibit seclusion, mechanical restraint, chemical re11 straint, and other forms of prohibited restraint in 

12 schools, consistent with section 101. 

13 (2) Implementing and evaluating strategies and 

14 procedures to prevent seclusion and to prevent and 

15 reduce physical restraint in schools, consistent with 

16 such policies. 

17 (3) Providing professional development, train18 ing, and certification for school personnel to comply 

19 with such policies. 

20 (4) Analyzing the information included in a re21 port prepared under section 202(b) to identify stu22 dent, school personnel, and school needs related to 

23 preventing seclusion, and preventing and reducing 

24 the use of physical restraint. 


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1 (5) Providing training to school resource offi2 cers, school security guards, and, as appropriate, 

3 school personnel, on how to comply with education 

4 and civil rights laws, including the Individuals with 

5 Disabilities Education Act (20 U.S.C. 1400 et seq.) 

6 and the Americans with Disabilities Act of 1990 (42 

7 U.S.C. 12101 et seq.), when interacting with stu8 dents with disabilities, including, when conducting 

9 law enforcement activities involving students with 

10 disabilities. 

11 (g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addi12 tion to the required activities described in subsection (f), 

13 a State educational agency receiving a grant, or a local 

14 educational agency receiving a subgrant, under this sec15 tion may use such grant or subgrant funds for one or more 

16 of the following: 

17 (1) Developing and implementing high-quality 

18 professional development and training programs to 

19 implement evidence-based systematic approaches to 

20 schoolwide positive behavioral interventions and sup21 ports, including improving coaching, facilitation, and 

22 training capacity for administrators, school leaders, 

23 teachers, specialized instructional support personnel, 

24 paraprofessionals, and other staff. 


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1 (2) Providing technical assistance to implement 

2 evidence-based systematic approaches to schoolwide 

3 positive behavioral interventions and supports, in4 cluding technical assistance for data-driven decision 

5 making related to behavioral supports and interven6 tions in the classroom. 

7 (3) Researching, evaluating, and disseminating 

8 high-quality evidence-based programs and activities 

9 that implement schoolwide positive behavioral inter10 ventions and supports with fidelity. 

11 (4) Supporting other local positive behavioral 

12 interventions and supports implementation activities 

13 consistent with this subsection. 

14 (5) Developing, implementing, and providing 

15 technical assistance to support evidence-based pro16 grams that reduce the likelihood of physical re17 straint, such as mental health supports, restorative 

18 justice programs, trauma-informed care, and crisis 

19 and de-escalation interventions. 

20 (h) EVALUATION AND REPORT.—Each State edu21 cational agency receiving a grant under this section shall, 

22 at the end of the 3-year grant period for such grant— 

23 (1) evaluate the State’s progress toward the 

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1 duction of physical restraint in the schools located in 

2 the State, consistent with section 101; 

3 (2) submit to the Secretary a report on such 

4 progress; and 

5 (3) publish such report on the State educational 

6 agency website in an accessible format. 

7 TITLE III—GENERAL 

8 PROVISIONS 

9 SEC. 301. NATIONAL ASSESSMENT. 

10 (a) NATIONAL ASSESSMENT.—The Secretary shall 

11 carry out a national assessment to determine the effective12 ness of this Act, which shall include— 

13 (1) analyzing data related to incidents of phys14 ical restraint in schools and programs that serve 

15 children who receive services for which financial as16 sistance is provided in accordance with the Head 

17 Start Act (42 U.S.C. 9831 et seq.) (referred to in 

18 this title as ‘‘Head Start programs’’); 

19 (2) analyzing the effectiveness of Federal, 

20 State, and local efforts to eliminate seclusion and 

21 prevent and reduce the number of physical restraint 

22 incidents in schools and Head Start programs; 

23 (3) identifying the types of programs and serv24 ices that have demonstrated the greatest effective25 ness in eliminating and preventing seclusion and 


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1 preventing and reducing the number of physical re2 straint incidents in schools and Head Start pro3 grams; and 

4 (4) identifying evidence-based personnel train5 ing models with demonstrated success in preventing 

6 seclusion and preventing and reducing the number 

7 of physical restraint incidents in schools and Head 

8 Start programs, including models that emphasize 

9 positive behavioral interventions and supports and 

10 de-escalation techniques over physical intervention. 

11 (b) REPORT.—The Secretary shall submit to the 

12 Committee on Health, Education, Labor, and Pensions of 

13 the Senate and the Committee on Education and Labor 

14 of the House of Representatives— 

15 (1) not later than 3 years after the date of the 

16 enactment of this Act, an interim report that sum17 marizes the preliminary findings of the assessment 

18 described in subsection (a); and 

19 (2) not later than 5 years after the date of the 

20 enactment of this Act, a final report of the findings 

21 of the assessment. 

22 SEC. 302. PROTECTION AND ADVOCACY SYSTEMS. 

23 (a) NOTIFICATION.—In a case in which physical in24 jury or death of a student or of a child enrolled in a Head 

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1 sion or physical restraint or any intervention used to con2 trol behavior at a school or Head Start program, the local 

3 educational agency serving such school or the agency ad4 ministering a Head Start program under the Head Start 

5 Act (42 U.S.C. 9801 et seq.) shall have procedures to— 

6 (1) notify, in writing, not later than 24 hours 

7 after such injury or death occurs— 

8 (A) the State educational agency, or in the 

9 case of an agency administering a Head Start 

10 program, the appropriate official at the Depart11 ment of Health and Human Services; 

12 (B) the local law enforcement agency; and 

13 (C) the relevant protection and advocacy 

14 system; and 

15 (2) provide any information that the protection 

16 and advocacy system may require. 

17 (b) RESTATEMENT OF AUTHORITY.—Protection and 

18 advocacy systems shall have the same authorities and 

19 rights provided under subtitle C of title I of the Develop20 mental Disabilities Assistance and Bill of Rights Act of 

21 2000 (42 U.S.C. 15041 et seq.) with respect to protections 

22 provided for students or children enrolled in Head Start 

23 programs under this Act when such students or children 

24 are otherwise eligible to be clients of the protection and 


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1 advocacy system, including investigating, monitoring, and 

2 enforcing such protections. 

3 SEC. 303. SCHOOLS OPERATED OR FUNDED BY THE DE4 PARTMENT OF THE INTERIOR OR THE DE5 PARTMENT OF DEFENSE. 

6 (a) SCHOOLS OPERATED OR FUNDED BY DEPART7 MENT OF THE INTERIOR.—The Secretary of the Interior 

8 shall promulgate regulations to ensure that schools oper9 ated or funded by the Department of the Interior comply 

10 with the requirements of title I and section 202(b). 

11 (b) SCHOOLS OPERATED OR FUNDED BY THE DE12 PARTMENT OF DEFENSE.—The Secretary of Defense shall 

13 promulgate regulations to ensure that schools operated or 

14 funded by the Department of Defense Education Activity 

15 or otherwise operated or funded by the Department of De16 fense for the education of military-connected dependents 

17 (as described in subparagraph (B) or (D)(i) of section 

18 7003(a)(1) of the Elementary and Secondary Education 

19 Act of 1965 (20 U.S.C. 7703(a)(1))) comply with the re20 quirements of title I and section 202(b). 

21 SEC. 304. RULE OF CONSTRUCTION. 

22 Subject to section 101(e), nothing in this Act shall 

23 be construed to prohibit a sworn law enforcement officer 

24 with probable cause from arresting a student for violating 

25 a Federal or State criminal law. 


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1 SEC. 305. APPLICABILITY TO PRIVATE SCHOOLS AND HOME 

2 SCHOOLS. 

3 (a) PRIVATE SCHOOLS.—Nothing in this Act shall be 

4 construed to affect any private school that does not re5 ceive, or does not serve students who receive, support in 

6 any form from any program or activity supported, in whole 

7 or in part, with Federal funds. 

8 (b) HOME SCHOOLS.—Nothing in this Act shall be 

9 construed to— 

10 (1) affect a home school, whether or not a home 

11 school is treated as a private school or home school 

12 under State law; or 

13 (2) consider parents who are schooling a child 

14 at home as program personnel. 

15 SEC. 306. SEVERABILITY. 

16 If any provision of this Act, an amendment made by 

17 this Act, or the application of such provision or amend18 ment to any person or circumstance is held to be unconsti19 tutional, the remainder of this Act, the amendments made 

20 by this Act, and the application of the provisions of such 

21 to any person or circumstance shall not be affected there22 by. 


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1 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act for fiscal year 

4 2021 and each succeeding fiscal year. 

Æ 


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