II 

112TH CONGRESS 

1ST SESSION S. 2020 

To protect all school children against harmful and life-threatening seclusion 

and restraint practices. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2011 

Mr. HARKIN introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To protect all school children against harmful and lifethreatening seclusion and restraint practices. 

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. 

4 This Act may be cited as the ‘‘Keeping All Students 

5 Safe Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPLICABLE PROGRAM.—The term ‘‘appli9 cable program’’ has the meaning given the term in 


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1 section 400(c)(1) of the General Education Provi2 sions Act (20 U.S.C. 1221(c)(1)). 

3 (2) CHEMICAL RESTRAINT.—The term ‘‘chem4 ical restraint’’ means a drug or medication used on 

5 a student to control behavior or restrict freedom of 

6 movement that is not— 

7 (A) prescribed by a licensed physician, or 

8 other qualified health professional acting under 

9 the scope of the professional’s authority under 

10 State law, for the standard treatment of a stu11 dent’s medical or psychiatric condition; and 

12 (B) administered as prescribed by the li13 censed physician or other qualified health pro14 fessional acting under the scope of the profes15 sional’s authority under State law. 

16 (3) ESEA DEFINITIONS.—The terms— 

17 (A) ‘‘Department’’, ‘‘educational service 

18 agency’’, ‘‘elementary school’’, ‘‘local edu19 cational agency’’, ‘‘parent’’, ‘‘secondary school’’, 

20 ‘‘State’’, and ‘‘State educational agency’’ have 

21 the meanings given such terms in section 9101 

22 of the Elementary and Secondary Education 

23 Act of 1965 (20 U.S.C. 7801); and 


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1 (B) ‘‘school resource officer’’ and ‘‘school 

2 personnel’’ have the meanings given such terms 

3 in section 4151 of such Act (20 U.S.C. 7161). 

4 (4) FEDERAL FINANCIAL ASSISTANCE.—The 

5 term ‘‘Federal financial assistance’’ means any 

6 grant, loan, contract (other than a procurement con7 tract or a contract of insurance or guaranty), or any 

8 other arrangement by which the Department pro9 vides or otherwise makes available assistance in the 

10 form of— 

11 (A) funds; 

12 (B) services of Federal personnel; or 

13 (C) real and personal property or any in14 terest in or use of such property, including— 

15 (i) transfers or leases of such property 

16 for less than fair market value or for re17 duced consideration; and 

18 (ii) proceeds from a subsequent trans19 fer or lease of such property if the Federal 

20 share of its fair market value is not re21 turned to the Federal Government. 

22 (5) FREE APPROPRIATE PUBLIC EDUCATION.— 

23 For those students eligible for special education and 

24 related services under the Individuals with Disabil25 ities Education Act (20 U.S.C. 1400 et seq.), the 


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1 term ‘‘free appropriate public education’’ has the 

2 meaning given the term in section 602 of such Act 

3 (20 U.S.C. 1401). 

4 (6) MECHANICAL RESTRAINT.—The term ‘‘me5 chanical restraint’’— 

6 (A) has the meaning given the term in sec7 tion 595(d)(1) of the Public Health Service Act 

8 (42 U.S.C. 290jj(d)(1)), except that the mean9 ing shall be applied by substituting ‘‘student’s’’ 

10 for ‘‘resident’s’’; and 

11 (B) does not mean devices used by trained 

12 school personnel, or used by a student, for the 

13 specific and approved therapeutic or safety pur14 poses for which such devices were designed and, 

15 if applicable, prescribed, including— 

16 (i) restraints for medical immobiliza17 tion; 

18 (ii) adaptive devices or mechanical 

19 supports used to allow greater freedom of 

20 mobility than would be possible without the 

21 use of such devices or mechanical supports; 

22 or 

23 (iii) vehicle safety restraints when 

24 used as intended during the transport of a 

25 student in a moving vehicle. 


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1 (7) PHYSICAL ESCORT.—The term ‘‘physical es2 cort’’ means the temporary touching or holding of 

3 the hand, wrist, arm, shoulder, waist, hip, or back 

4 for the purpose of inducing a student to move to a 

5 safe location. 

6 (8) PHYSICAL RESTRAINT.—The term ‘‘physical 

7 restraint’’ means a personal restriction that immo8 bilizes or reduces the ability of an individual to move 

9 the individual’s arms, legs, body, or head freely. 

10 Such term does not include a physical escort, me11 chanical restraint, or chemical restraint. 

12 (9) POSITIVE BEHAVIORAL INTERVENTIONS

13 AND SUPPORTS.—The term ‘‘positive behavioral 

14 interventions and supports’’— 

15 (A) means a school-wide systematic ap16 proach to embed evidence-based practices and 

17 data-driven decisionmaking to improve school 

18 climate and culture in order to achieve im19 proved academic and social outcomes, and in20 crease learning for all students, including those 

21 with the most complex and intensive behavioral 

22 needs; and 

23 (B) encompasses a range of systemic and 

24 individualized positive strategies to reinforce de25 sired behaviors, diminish reoccurrence of chalVerDate Mar 15 2010 00:29 Dec 23, 2011 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2020.IS S2020

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1 lenging behaviors, and teach appropriate behav2 iors to students. 

3 (10) PROTECTION AND ADVOCACY SYSTEM.— 

4 The term ‘‘protection and advocacy system’’ means 

5 a protection and advocacy system established under 

6 subtitle C of title I of the Developmental Disabilities 

7 Assistance and Bill of Rights Act of 2000 (42 

8 U.S.C. 15041 et seq.). 

9 (11) SECLUSION.—The term ‘‘seclusion’’ means 

10 the isolation of a student in a room, enclosure, or 

11 space that is— 

12 (A) locked; or 

13 (B) unlocked and the student is prevented 

14 from leaving. 

15 (12) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of Education, and, where ap17 propriate, the Secretary of the Interior and the Sec18 retary of Defense. 

19 (13) SERIOUS BODILY INJURY.—The term ‘‘se20 rious bodily injury’’ has the meaning given the term 

21 in section 1365(h) of title 18, United States Code. 

22 (14) STATE-APPROVED CRISIS INTERVENTION

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

24 crisis intervention training program’’ means a train25 ing program approved by a State that, at a minVerDate Mar 15 2010 00:29 Dec 23, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2020.IS S2020

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1 imum, provides training in evidence-based practices 

2 shown to be effective— 

3 (A) in the prevention of the use of physical 

4 restraint; 

5 (B) in keeping both school personnel and 

6 students safe in imposing physical restraint in 

7 a manner consistent with this Act; 

8 (C) in the use of data-based decision9 making and evidence-based positive behavioral 

10 interventions and supports, safe physical escort, 

11 conflict prevention, behavioral antecedents, 

12 functional behavioral assessments, de-escalation 

13 of challenging behaviors, and conflict manage14 ment; 

15 (D) in first aid, including the signs of 

16 medical distress, and cardiopulmonary resus17 citation; and 

18 (E) certification for school personnel in the 

19 practices and skills described in subparagraphs 

20 (A) through (D), which shall be required to be 

21 renewed on a periodic basis. 

22 (15) STUDENT.—The term ‘‘student’’ means a 

23 student who— 

24 (A) is enrolled in a public school; 


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1 (B) is enrolled in a private school and is 

2 receiving a free appropriate public education at 

3 the school under subparagraph (B) or (C) of 

4 section 612(a)(10) of the Individuals with Dis5 abilities Education Act (20 U.S.C. 

6 1412(a)(10)(B), (C)); 

7 (C) is enrolled in a Head Start or Early 

8 Head Start program supported under the Head 

9 Start Act (42 U.S.C. 9831); or 

10 (D) receives services under section 619 or 

11 part C of the Individuals with Disabilities Edu12 cation Act (20 U.S.C. 1419, 1431 et seq.). 

13 SEC. 3. PURPOSE. 

14 The purposes of this Act are— 

15 (1) to promote the development of effective 

16 intervention and prevention practices that do not use 

17 restraints and seclusion; 

18 (2) to protect all students from physical or 

19 mental abuse, aversive behavioral interventions that 

20 compromise health and safety, and any restraint im21 posed for purposes of coercion, discipline or conven22 ience, or as a substitute for appropriate educational 

23 or positive behavioral interventions and supports; 

24 (3) to ensure that staff are safe from the harm 

25 that can occur from inexpertly using restraints; and 


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1 (4) to ensure the safety of all students and 

2 school personnel and promote positive school culture 

3 and climate. 

4 SEC. 4. MINIMUM STANDARDS; RULE OF CONSTRUCTION. 

5 Each State and local educational agency receiving 

6 Federal financial assistance shall have in place policies 

7 that are consistent with the following: 

8 (1) PROHIBITION OF CERTAIN ACTION.—School 

9 personnel, contractors, and resource officers are pro10 hibited from imposing on any student— 

11 (A) seclusion; 

12 (B) mechanical restraint; 

13 (C) chemical restraint; 

14 (D) aversive behavioral interventions that 

15 compromise health and safety; 

16 (E) physical restraint that is life-threat17 ening, including physical restraint that restricts 

18 breathing; and 

19 (F) physical restraint if contraindicated 

20 based on the student’s disability, health care 

21 needs, or medical or psychiatric condition, as 

22 documented in a health care directive or med23 ical management plan, a behavior intervention 

24 plan, an individualized education program or an 

25 individualized family service plan (as defined in 


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1 section 602 of the Individuals with Disabilities 

2 Education Act (20 U.S.C. 1401)), or plan de3 veloped pursuant to section 504 of the Rehabili4 tation Act of 1973 (29 U.S.C. 794), or other 

5 relevant record made available to the State or 

6 local educational agency. 

7 (2) PHYSICAL RESTRAINT.— 

8 (A) IN GENERAL.—Physical restraint may 

9 only be implemented if— 

10 (i) the student’s behavior poses an im11 mediate danger of serious bodily injury to 

12 self or others; 

13 (ii) the physical restraint does not 

14 interfere with the student’s ability to com15 municate in the student’s primary lan16 guage or mode of communication; and 

17 (iii) less restrictive interventions have 

18 been ineffective in stopping the immediate 

19 danger of serious bodily injury to the stu20 dent or others, except in a case of a rare 

21 and clearly unavoidable emergency cir22 cumstance posing immediate danger of se23 rious bodily injury. 

24 (B) LEAST AMOUNT OF FORCE NEC25 ESSARY.—When implementing a physical reVerDate Mar 15 2010 00:29 Dec 23, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2020.IS S2020

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1 straint, staff shall use only the amount of force 

2 necessary to protect the student or others from 

3 the threatened injury. 

4 (C) END OF PHYSICAL RESTRAINT.—The 

5 use of physical restraint shall end when— 

6 (i) a medical condition occurs putting 

7 the student at risk of harm; 

8 (ii) the student’s behavior no longer 

9 poses an immediate danger of serious bod10 ily injury to the student or others; or 

11 (iii) less restrictive interventions 

12 would be effective in stopping such imme13 diate danger of serious bodily injury. 

14 (D) QUALIFICATIONS OF INDIVIDUALS EN15 GAGING IN PHYSICAL RESTRAINT.—School per16 sonnel imposing physical restraint in accordance 

17 with this subsection shall— 

18 (i) be trained and certified by a State19 approved crisis intervention training pro20 gram, except in the case of rare and clearly 

21 unavoidable emergency circumstances when 

22 school personnel trained and certified are 

23 not immediately available due to the un24 foreseeable nature of the emergency cir25 cumstance; 


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1 (ii) engage in continuous face-to-face 

2 monitoring of the student; and 

3 (iii) be trained in State and school 

4 policies and procedures regarding restraint 

5 and seclusion. 

6 (E) PROHIBITION ON USE OF PHYSICAL

7 RESTRAINT AS PLANNED INTERVENTION.—The 

8 use of physical restraints as a planned interven9 tion shall not be written into a student’s edu10 cation plan, individual safety plan, plan devel11 oped pursuant to section 504 of the Rehabilita12 tion Act of 1973 (29 U.S.C. 794), individual13 ized education program or individualized family 

14 service plan (as defined in section 602 of the 

15 Individuals with Disabilities Education Act (20 

16 U.S.C. 1401)), or any other planning document 

17 for an individual student. 

18 (3) OTHER POLICIES.— 

19 (A) IN GENERAL.—The State or local edu20 cational agency, and each school and edu21 cational program served by the State or local 

22 educational agency shall— 

23 (i) establish policies and procedures 

24 that ensure school personnel and parents, 

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1 ents, are aware of the State, local edu2 cational agency, and school’s policies and 

3 procedures regarding seclusion and re4 straint; 

5 (ii) establish policies and procedures 

6 to keep all students, including students 

7 with the most complex and intensive be8 havioral needs, and school personnel safe; 

9 (iii) establish policies and procedures 

10 for planning for the appropriate use of re11 straint in crisis situations in accordance 

12 with this Act by a team of professionals 

13 trained in accordance with a State-ap14 proved crisis intervention training pro15 gram; and 

16 (iv) establish policies and procedures 

17 to be followed after each incident involving 

18 the imposition of physical restraint upon a 

19 student, including— 

20 (I) procedures to provide to the 

21 parent of the student, with respect to 

22 each such incident— 

23 (aa) a verbal or electronic 

24 communication on the same day 

25 as each such incident; and 


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1 (bb) within 24 hours of each 

2 such incident, written notifica3 tion; and 

4 (II) after the imposition of phys5 ical restraint upon a student, proce6 dures to ensure that all school per7 sonnel in the proximity of the student 

8 immediately before and during the 

9 time of the restraint, the parent, the 

10 student, appropriate supervisory and 

11 administrative staff, and appropriate 

12 IEP team members, participate in a 

13 debriefing session. 

14 (B) DEBRIEFING SESSION.— 

15 (i) IN GENERAL.—The debriefing ses16 sion described in subparagraph (A)(iv)(II) 

17 shall occur as soon as practicable, but not 

18 later than 5 school days following the im19 position of physical restraint unless it is 

20 delayed by written mutual agreement of 

21 the parent and school. Parents shall retain 

22 their full legal rights for children under the 

23 age of majority concerning participation in 

24 the debriefing or other matters. 


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1 (ii) CONTENT OF SESSION.—The de2 briefing session described in subparagraph 

3 (A)(iv)(II) shall include— 

4 (I) identification of antecedents 

5 to the physical restraint; 

6 (II) consideration of relevant in7 formation in the student’s records, 

8 and such information from teachers, 

9 other professionals, the parent, and 

10 student; 

11 (III) planning to prevent and re12 duce reoccurrence of the use of phys13 ical restraint, including consideration 

14 of the results of any functional behav15 ioral assessments, whether positive be16 havior plans were implemented with 

17 fidelity, recommendations of appro18 priate positive behavioral interventions 

19 and supports to assist personnel re20 sponsible for the student’s educational 

21 plan, the individualized education pro22 gram for the student, if applicable, 

23 and plans providing for reasonable ac24 commodations under section 504 of 


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1 the Rehabilitation Act of 1973 (29 

2 U.S.C. 794); 

3 (IV) a plan to have a functional 

4 behavioral assessment conducted, re5 viewed, or revised by qualified profes6 sionals, the parent, and the student; 

7 and 

8 (V) for any student not identified 

9 as eligible to receive accommodations 

10 under section 504 of the Rehabilita11 tion Act of 1973 (29 U.S.C. 794) or 

12 services under the Individuals with 

13 Disabilities Education Act (20 U.S.C. 

14 1400 et seq.), evidence of such a re15 ferral or documentation of the basis 

16 for declining to refer the student. 

17 (iii) COMMUNICATION BY THE STU18 DENT.—When a student attends a debrief19 ing session described in subparagraph 

20 (A)(iv)(II), information communicated by 

21 the student may not be used against the 

22 student in any disciplinary, criminal, or 

23 civil investigation or proceeding. 

24 (4) NOTIFICATION IN WRITING ON DEATH OR

25 BODILY INJURY.—In a case in which serious bodily 


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1 injury or death of a student occurs in conjunction 

2 with the use of physical restraint or any intervention 

3 used to control behavior, there are procedures to no4 tify, in writing, within 24 hours after such injury or 

5 death occurs— 

6 (A) the State educational agency and local 

7 educational agency; 

8 (B) local law enforcement; and 

9 (C) a protection and advocacy system, in 

10 the case of a student who is eligible for services 

11 from the protection and advocacy system. 

12 (5) PROHIBITION AGAINST RETALIATION.—The 

13 State or local educational agency, each school and 

14 educational program served by the State or local 

15 educational agency, and school personnel of such 

16 school or program shall not retaliate against any 

17 person for having— 

18 (A) reported a violation of this section or 

19 Federal or State regulations or policies promul20 gated to carry out this section; or 

21 (B) provided information regarding a viola22 tion of this section or Federal or State regula23 tions or policies promulgated to carry out this 

24 section. 


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1 SEC. 5. INTERACTION. 

2 (a) RULE OF CONSTRUCTION.—Nothing in this Act 

3 shall be construed to restrict or limit, or allow the Sec4 retary to restrict or limit, any other rights or remedies 

5 otherwise available to students or parents under Federal 

6 or State law (including regulations) or to restrict or limit 

7 stronger restrictions on the use of restraint, seclusion, or 

8 aversives in Federal or State law (including regulations) 

9 or in State policies. 

10 (b) DENIAL OF A FREE APPROPRIATE PUBLIC EDU11 CATION.—Failure to meet the minimum standards of this 

12 Act as applied to an individual child eligible for accom13 modations developed pursuant to section 504 of the Reha14 bilitation Act of 1973 (29 U.S.C. 794) or for education 

15 or related services under the Individuals with Disabilities 

16 Education Act (20 U.S.C. 1400 et seq.) shall constitute 

17 a denial of a free appropriate public education. 

18 SEC. 6. REPORT REQUIREMENTS. 

19 (a) IN GENERAL.—Each State educational agency 

20 shall (in compliance with the requirements of section 444 

21 of the General Education Provisions Act (commonly 

22 known as the ‘‘Family Educational Rights and Privacy 

23 Act of 1974’’) (20 U.S.C. 1232g)) prepare and submit to 

24 the Secretary, and make available to the public, a report 

25 with respect to each local educational agency, and each 

26 school not under the jurisdiction of a local educational 


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1 agency, located in the same State as such State edu2 cational agency that includes the following information: 

3 (1) The total number of incidents in which 

4 physical restraint was imposed upon a student in the 

5 preceding full academic year. 

6 (2) The information described in paragraph (1) 

7 shall be disaggregated— 

8 (A) by the total number of incidents in 

9 which physical restraint was imposed upon a 

10 student— 

11 (i) that resulted in injury to students 

12 or school personnel, or both; 

13 (ii) that resulted in death; and 

14 (iii) in which the school personnel im15 posing physical restraint were not trained 

16 and certified as described in section 

17 4(2)(D)(i); and 

18 (B) by the demographic characteristics of 

19 all students upon whom physical restraint was 

20 imposed, including— 

21 (i) the subcategories identified in sec22 tion 1111(h)(1)(C)(i) of the Elementary 

23 and Secondary Education Act of 1965 (20 

24 U.S.C. 6311(h)(1)(C)(i)); 

25 (ii) age; and 


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1 (iii) disability category. 

2 (b) UNDUPLICATED COUNT; EXCEPTION.—The 

3 disaggregation required under subsection (a) shall— 

4 (1) be carried out in a manner to ensure an 

5 unduplicated count of the total number of incidents 

6 in the preceding full academic year in which physical 

7 restraint was imposed upon a student; and 

8 (2) not be required in a case in which the num9 ber of students in a category would reveal personally 

10 identifiable information about an individual student. 

11 SEC. 7. GRANT AUTHORITY. 

12 (a) IN GENERAL.—From the amount appropriated 

13 under section 9, the Secretary may award grants to State 

14 educational agencies to assist in— 

15 (1) establishing, implementing, and enforcing 

16 the policies and procedures to meet the minimum 

17 standards described in this Act; 

18 (2) improving State and local capacity to collect 

19 and analyze data related to physical restraint; and 

20 (3) improving school climate and culture by im21 plementing school-wide positive behavioral interven22 tions and supports. 

23 (b) DURATION OF GRANT.—A grant under this sec24 tion shall be awarded to a State educational agency for 

25 a 3-year period. 


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1 (c) APPLICATION.—Each State educational agency 

2 desiring a grant under this section shall submit an appli3 cation to the Secretary at such time, in such manner, and 

4 accompanied by such information as the Secretary may 

5 require, including information on how the State edu6 cational agency will target resources to schools and local 

7 educational agencies in need of assistance related to pre8 venting and reducing physical restraint. 

9 (d) AUTHORITY TO MAKE SUBGRANTS.— 

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

11 receiving a grant under this section may use such 

12 grant funds to award subgrants, on a competitive 

13 basis, to local educational agencies. 

14 (2) APPLICATION.—A local educational agency 

15 desiring to receive a subgrant under this section 

16 shall submit an application to the applicable State 

17 educational agency at such time, in such manner, 

18 and containing such information as the State edu19 cational agency may require. 

20 (e) PRIVATE SCHOOL PARTICIPATION.— 

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

22 receiving grant funds under this section shall, after 

23 timely and meaningful consultation with appropriate 

24 private school officials, ensure that private school 


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1 personnel can participate, on an equitable basis, in 

2 activities supported by grant or subgrant funds. 

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

4 of funds provided under this section, and title to ma5 terials, equipment, and property with such funds, 

6 shall be in a public agency and a public agency shall 

7 administer such funds, materials, equipment, and 

8 property. 

9 (f) REQUIRED ACTIVITIES.—A State educational 

10 agency receiving a grant, or a local educational agency re11 ceiving a subgrant, under this section shall use such grant 

12 or subgrant funds to carry out the following: 

13 (1) Researching, developing, implementing, and 

14 evaluating evidence-based strategies, policies, and 

15 procedures to reduce and prevent physical restraint 

16 in schools, consistent with the minimum standards 

17 described in this Act. 

18 (2) Providing professional development, train19 ing, and certification for school personnel to meet 

20 such standards. 

21 (g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addi22 tion to the required activities described in subsection (f), 

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

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1 tion may use such grant or subgrant funds for 1 or more 

2 of the following: 

3 (1) Developing and implementing a high-quality 

4 professional development and training program to 

5 implement evidence-based systematic approaches to 

6 school-wide positive behavioral interventions and 

7 supports, including improving coaching, facilitation, 

8 and training capacity for administrators, teachers, 

9 specialized instructional support personnel, and 

10 other staff. 

11 (2) Providing technical assistance to develop 

12 and implement evidence-based systematic approaches 

13 to school-wide positive behavioral interventions and 

14 supports, including technical assistance for data15 driven decisionmaking related to positive behavioral 

16 interventions and supports in the classroom. 

17 (3) Researching, evaluating, and disseminating 

18 high-quality evidence-based programs and activities 

19 that implement school-wide positive behavioral inter20 ventions and supports with fidelity. 

21 (4) Supporting other local positive behavioral 

22 interventions and supports implementation activities 

23 consistent with this subsection. 


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1 (h) EVALUATION AND REPORT.—Each State edu2 cational agency receiving a grant under this section shall, 

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

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

5 prevention and reduction of physical restraint in the 

6 schools located in the State, consistent with the min7 imum standards; and 

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

9 progress. 

10 SEC. 8. ENFORCEMENT. 

11 (a) USE OF REMEDIES.—If a State educational agen12 cy fails to comply with the requirements under this Act, 

13 the Secretary shall— 

14 (1) withhold, in whole or in part, further pay15 ments under an applicable program in accordance 

16 with section 455 of the General Education Provi17 sions Act (20 U.S.C. 1234d); 

18 (2) require a State or local educational agency 

19 to submit, and implement, within 1 year of such fail20 ure to comply, a corrective plan of action, which may 

21 include redirection of funds received under an appli22 cable program; 

23 (3) issue a complaint to compel compliance of 

24 the State or local educational agency through a 

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1 retary is authorized to take such action under sec2 tion 456 of the General Education Provisions Act 

3 (20 U.S.C. 1234e); or 

4 (4) refer the State to the Department of Jus5 tice or Department of Education Office of Civil 

6 Rights for an investigation. 

7 (b) CESSATION OF WITHHOLDING OF FUNDS.— 

8 Whenever the Secretary determines (whether by certifi9 cation or other appropriate evidence) that a State or local 

10 educational agency that is subject to the withholding of 

11 payments under subsection (a)(1) has cured the failure 

12 providing the basis for the withholding of payments, the 

13 Secretary shall cease the withholding of payments with re14 spect to the State educational agency under such sub15 section. 

16 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

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

19 2012 and each of the 4 succeeding fiscal years. 

Æ 


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