II 

113TH CONGRESS 

2D SESSION S. 2036 

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

and restraint practices. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2014 

Mr. HARKIN (for himself, Mr. MURPHY, and Ms. AYOTTE) 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 02:09 Feb 25, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2036.IS S2036

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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’’— 

10 (A) means the isolation of a student in a 

11 room, enclosure, or space that is— 

12 (i) locked; or 

13 (ii) unlocked and the student is pre14 vented from leaving; and 

15 (B) does not include a time out. 

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

17 means the Secretary of Education, and, where ap18 propriate, the Secretary of the Interior and the Sec19 retary of Defense. 

20 (13) STATE-APPROVED CRISIS INTERVENTION

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

22 crisis intervention training program’’ means a train23 ing program proposed by a local educational agency 

24 and approved by a State that, at a minimum, proVerDate Mar 15 2010 02:09 Feb 25, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2036.IS S2036

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1 vides training in evidence-based practices shown to 

2 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 (14) 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 (15) TIME OUT.—The term ‘‘time out’’ means 

14 a behavior management technique that may involve 

15 the separation of the student from the group, in a 

16 non-locked setting, for the purpose of calming. Time 

17 out is not seclusion. 

18 SEC. 3. PURPOSE. 

19 The purposes of this Act are— 

20 (1) to promote the development of effective 

21 intervention and prevention practices that do not use 

22 restraints and seclusion; 

23 (2) to protect all students from physical or 

24 mental abuse, aversive behavioral interventions that 

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1 posed for purposes of coercion, discipline or conven2 ience, or as a substitute for appropriate educational 

3 or positive behavioral interventions and supports; 

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

5 that can occur from inexpertly using restraints; and 

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

7 school personnel and promote positive school culture 

8 and climate. 

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

10 Each State and local educational agency receiving 

11 Federal financial assistance shall have in place policies 

12 that are consistent with the following: 

13 (1) PROHIBITION OF CERTAIN ACTION.—School 

14 personnel, contractors, and resource officers are pro15 hibited from imposing on any student— 

16 (A) seclusion; 

17 (B) mechanical restraint; 

18 (C) chemical restraint; 

19 (D) aversive behavioral interventions that 

20 compromise health and safety; 

21 (E) physical restraint that is life-threat22 ening, including physical restraint that restricts 

23 breathing; and 

24 (F) physical restraint if contraindicated 

25 based on the student’s disability, health care 


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1 needs, or medical or psychiatric condition, as 

2 documented in a health care directive or med3 ical management plan, a behavior intervention 

4 plan, an individualized education program or an 

5 individualized family service plan (as defined in 

6 section 602 of the Individuals with Disabilities 

7 Education Act (20 U.S.C. 1401)), or plan de8 veloped pursuant to section 504 of the Rehabili9 tation Act of 1973 (29 U.S.C. 794), or other 

10 relevant record made available to the State or 

11 local educational agency. 

12 (2) PHYSICAL RESTRAINT.— 

13 (A) IN GENERAL.—Physical restraint may 

14 only be implemented if— 

15 (i) the student’s behavior poses imme16 diate danger of serious physical harm to 

17 self or others; 

18 (ii) the physical restraint does not 

19 interfere with the student’s ability to com20 municate in the student’s primary lan21 guage or mode of communication; and 

22 (iii) less restrictive interventions have 

23 been ineffective in stopping the immediate 

24 danger of serious physical harm to the stu25 dent or others, except in a case of a rare 


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1 and clearly unavoidable emergency cir2 cumstance posing immediate danger of se3 rious physical harm. 

4 (B) LEAST AMOUNT OF FORCE NEC5 ESSARY.—When implementing a physical re6 straint, staff shall use only the amount of force 

7 necessary to protect the student or others from 

8 the threatened injury. 

9 (C) END OF PHYSICAL RESTRAINT.—The 

10 use of physical restraint shall end when— 

11 (i) a medical condition occurs putting 

12 the student at risk of harm; 

13 (ii) the student’s behavior no longer 

14 poses immediate danger of serious physical 

15 harm to the student or others; or 

16 (iii) less restrictive interventions 

17 would be effective in stopping such imme18 diate danger of serious physical harm. 

19 (D) QUALIFICATIONS OF INDIVIDUALS EN20 GAGING IN PHYSICAL RESTRAINT.—School per21 sonnel imposing physical restraint in accordance 

22 with this subsection shall— 

23 (i) be trained and certified by a State24 approved crisis intervention training pro25 gram, except in the case of rare and clearly 


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1 unavoidable emergency circumstances when 

2 school personnel trained and certified are 

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

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

7 monitoring of the student; and 

8 (iii) be trained in State and school 

9 policies and procedures regarding restraint 

10 and seclusion. 

11 (E) PROHIBITION ON USE OF PHYSICAL

12 RESTRAINT AS PLANNED INTERVENTION.— 

13 (i) IN GENERAL.—Except as provided 

14 in clause (ii), the use of physical restraints 

15 as a planned intervention shall not be writ16 ten into a student’s education plan, indi17 vidual safety plan, plan developed pursuant 

18 to section 504 of the Rehabilitation Act of 

19 1973 (29 U.S.C. 794), individualized edu20 cation program or individualized family 

21 service plan (as defined in section 602 of 

22 the Individuals with Disabilities Education 

23 Act (20 U.S.C. 1401)), or any other plan24 ning document for an individual student. 


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1 (ii) EXCEPTION.—The use of physical 

2 restraints as a planned intervention may 

3 be written into a student’s individualized 

4 education program, individual safety plan, 

5 or plan developed pursuant to section 504 

6 of the Rehabilitation Act of 1973 (29 

7 U.S.C. 794) if State law allows for the use 

8 of physical restraint as part of such pro9 gram or plan, as agreed upon by school 

10 personnel, the family of the student, and 

11 the individualized education program com12 mittee if such individuals— 

13 (I) have considered less restric14 tive means to address behavioral con15 cerns that would meet the emergency 

16 standard described in subparagraph 

17 (A) and, when using such physical re18 straints in an emergency, meet the 

19 conditions described in subparagraphs 

20 (B), (C), and (D); and 

21 (II) have conducted a research22 based, individualized functional behav23 ioral analysis and implemented a cor24 responding positive intervention plan 


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1 based on such functional behavioral 

2 analysis that— 

3 (aa) addresses preventative 

4 measures used to reduce or pre5 vent emergencies; and 

6 (bb) is written into the stu7 dent’s individualized education 

8 program, individual safety plan, 

9 or plan developed pursuant to 

10 section 504 of the Rehabilitation 

11 Act of 1973 (29 U.S.C. 794). 

12 (3) OTHER POLICIES.— 

13 (A) IN GENERAL.—The State or local edu14 cational agency, and each school and edu15 cational program served by the State or local 

16 educational agency shall— 

17 (i) establish policies and procedures 

18 that ensure school personnel and parents, 

19 including private school personnel and par20 ents, are aware of the State, local edu21 cational agency, and school’s policies and 

22 procedures regarding seclusion and re23 straint; 

24 (ii) establish policies and procedures 

25 to keep all students, including students 


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1 with the most complex and intensive be2 havioral needs, and school personnel safe; 

3 (iii) establish policies and procedures 

4 for planning for the appropriate use of re5 straint in crisis situations in accordance 

6 with this Act by a team of professionals 

7 trained in accordance with a State-ap8 proved crisis intervention training pro9 gram; and 

10 (iv) establish policies and procedures 

11 to be followed after each incident involving 

12 the imposition of physical restraint upon a 

13 student, including— 

14 (I) procedures to provide to the 

15 parent of the student, with respect to 

16 each such incident— 

17 (aa) a verbal or electronic 

18 communication on the same day 

19 as each such incident; and 

20 (bb) within 24 hours of each 

21 such incident, written notifica22 tion; and 

23 (II) after the imposition of phys24 ical restraint upon a student, proce25 dures to ensure that— 


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1 (aa) the person who imposed 

2 the restraint, the immediate 

3 adult witnesses, a representative 

4 of the administration, a school 

5 mental health professional, and 

6 at least 1 family member of the 

7 student participate in a debrief8 ing session; and 

9 (bb) the student who was re10 strained is given the opportunity 

11 to discuss the student’s perspec12 tive about the event with a trust13 ed adult who will communicate to 

14 the debriefing session group. 

15 (B) DEBRIEFING SESSION.— 

16 (i) IN GENERAL.— 

17 (I) TIMING.—The debriefing ses18 sion described in subparagraph 

19 (A)(iv)(II) shall occur as soon as 

20 practicable, but not later than 5 

21 school days following the imposition of 

22 physical restraint unless it is delayed 

23 by written mutual agreement of the 

24 parent and school. 


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1 (II) OBSERVATIONS BY SCHOOL

2 PERSONNEL.—Each adult witness in 

3 the proximity of the student imme4 diately before and during the time of 

5 the physical restraint but not directly 

6 involved shall submit the witness’s ob7 servations in writing for the debriefing 

8 session. 

9 (III) PARENTAL LEGAL

10 RIGHTS.—Parents shall retain their 

11 full legal rights for children under the 

12 age of majority concerning participa13 tion in the debriefing or other mat14 ters. 

15 (ii) CONTENT OF SESSION.—The de16 briefing session described in subparagraph 

17 (A)(iv)(II) shall include— 

18 (I) identification of antecedents 

19 to the physical restraint; 

20 (II) consideration of relevant in21 formation in the student’s records, 

22 and such information from teachers, 

23 other professionals, the parent, and 

24 student; 


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1 (III) planning to prevent and re2 duce reoccurrence of the use of phys3 ical restraint, including consideration 

4 of the results of any functional behav5 ioral assessments, whether positive be6 havior plans were implemented with 

7 fidelity, recommendations of appro8 priate positive behavioral interventions 

9 and supports to assist personnel re10 sponsible for the student’s educational 

11 plan, the individualized education pro12 gram for the student, if applicable, 

13 and plans providing for reasonable ac14 commodations under section 504 of 

15 the Rehabilitation Act of 1973 (29 

16 U.S.C. 794); 

17 (IV) a plan to have a functional 

18 behavioral assessment conducted, re19 viewed, or revised by qualified profes20 sionals, the parent, and the student; 

21 and 

22 (V) for any student not identified 

23 as eligible to receive accommodations 

24 under section 504 of the Rehabilita25 tion Act of 1973 (29 U.S.C. 794) or 


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1 services under the Individuals with 

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

3 1400 et seq.), evidence of such a re4 ferral or documentation of the basis 

5 for declining to refer the student. 

6 (iii) COMMUNICATION BY THE STU7 DENT.—When a student attends a debrief8 ing session described in subparagraph 

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

10 the student may not be used against the 

11 student in any disciplinary, criminal, or 

12 civil investigation or proceeding. 

13 (4) NOTIFICATION IN WRITING ON DEATH OR

14 BODILY INJURY.—In a case in which bodily injury or 

15 death of a student occurs in conjunction with the 

16 use of physical restraint or any intervention used to 

17 control behavior, there are procedures to notify, in 

18 writing, within 24 hours after such injury or death 

19 occurs— 

20 (A) the State educational agency and local 

21 educational agency; 

22 (B) local law enforcement; and 

23 (C) a protection and advocacy system, in 

24 the case of a student who is eligible for services 

25 from the protection and advocacy system. 


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1 (5) PROHIBITION AGAINST RETALIATION.—The 

2 State or local educational agency, each school and 

3 educational program served by the State or local 

4 educational agency, and school personnel of such 

5 school or program shall not retaliate against any 

6 person for having— 

7 (A) reported a violation of this section or 

8 Federal or State regulations or policies promul9 gated to carry out this section; or 

10 (B) provided information regarding a viola11 tion of this section or Federal or State regula12 tions or policies promulgated to carry out this 

13 section. 

14 SEC. 5. INTERACTIONS; RULES OF CONSTRUCTION. 

15 (a) RULES OF CONSTRUCTION.— 

16 (1) RIGHTS AND REMEDIES OF STUDENTS AND

17 PARENTS.—Nothing in this Act shall be construed to 

18 restrict or limit, or allow the Secretary to restrict or 

19 limit, any other rights or remedies otherwise avail20 able to students or parents under Federal or State 

21 law (including regulations) or to restrict or limit 

22 stronger restrictions on the use of restraint, seclu23 sion, or aversives in Federal or State law (including 

24 regulations) or in State policies. 


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1 (2) RESTRICTIONS ON SECRETARIAL PROHIBI2 TIONS.—Nothing in this Act shall be construed to 

3 authorize the Secretary to promulgate regulations 

4 prohibiting the use of— 

5 (A) time outs; or 

6 (B) devices implemented by trained school 

7 personnel, or utilized by a student, for the spe8 cific and approved therapeutic or safety pur9 poses for which such devices were designed and, 

10 if applicable, prescribed, including— 

11 (i) restraints for medical immobiliza12 tion; 

13 (ii) adaptive devices or mechanical 

14 supports used to achieve proper body posi15 tion, balance, or alignment to allow greater 

16 freedom of mobility than would be possible 

17 without the use of such devices or mechan18 ical supports; or 

19 (iii) vehicle safety restraints when 

20 used as intended during the transport of 

21 students in a moving vehicle. 

22 (b) DENIAL OF A FREE APPROPRIATE PUBLIC EDU23 CATION.—Failure to meet the minimum standards of this 

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1 bilitation Act of 1973 (29 U.S.C. 794) or for education 

2 or related services under the Individuals with Disabilities 

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

4 a denial of a free appropriate public education. 

5 (c) EXHAUSTION OF DUE PROCESS.— 

6 (1) IN GENERAL.—A student may file a civil ac7 tion under the Constitution, the Americans with Dis8 abilities Act of 1990 (42 U.S.C. 12101 et seq.), title 

9 V of the Rehabilitation Act of 1973 (29 U.S.C. 791 

10 et seq.), or other applicable Federal law in the case 

11 of the use of seclusion or restraint in violation of 

12 this Act seeking relief from the use of seclusion or 

13 restraint with respect of such student. 

14 (2) NONAPPLICABILITY.—Section 615(l) of the 

15 Individuals with Disabilities Education Act (20 

16 U.S.C. 1415(l)) shall not apply to an action filed 

17 pursuant to paragraph (1). 

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 


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1 school not under the jurisdiction of a local educational 

2 agency, located in the same State as such State edu3 cational agency that includes the following information: 

4 (1) The total number of incidents in which 

5 physical restraint was imposed upon a student in the 

6 preceding full academic year. 

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

8 shall be disaggregated— 

9 (A) by the total number of incidents in 

10 which physical restraint was imposed upon a 

11 student— 

12 (i) that resulted in injury to students 

13 or school personnel, or both; 

14 (ii) that resulted in death; and 

15 (iii) in which the school personnel im16 posing physical restraint were not trained 

17 and certified as described in section 

18 4(2)(D)(i); and 

19 (B) by the demographic characteristics of 

20 all students upon whom physical restraint was 

21 imposed, including— 

22 (i) the subcategories identified in sec23 tion 1111(h)(1)(C)(i) of the Elementary 

24 and Secondary Education Act of 1965 (20 

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


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1 (ii) age; and 

2 (iii) disability category. 

3 (b) UNDUPLICATED COUNT; EXCEPTION.—The 

4 disaggregation required under subsection (a) shall— 

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

6 unduplicated count of the total number of incidents 

7 in the preceding full academic year in which physical 

8 restraint was imposed upon a student; and 

9 (2) not be required in a case in which the num10 ber of students in a category would reveal personally 

11 identifiable information about an individual student. 

12 SEC. 7. GRANT AUTHORITY. 

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

14 under section 10, the Secretary may award grants to State 

15 educational agencies to assist in— 

16 (1) establishing, implementing, and enforcing 

17 the policies and procedures to meet the minimum 

18 standards described in this Act; 

19 (2) improving State and local capacity to collect 

20 and analyze data related to physical restraint; and 

21 (3) improving school climate and culture by im22 plementing school-wide positive behavioral interven23 tions and supports. 


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1 (b) DURATION OF GRANT.—A grant under this sec2 tion shall be awarded to a State educational agency for 

3 a 3-year period. 

4 (c) APPLICATION.—Each State educational agency 

5 desiring a grant under this section shall submit an appli6 cation to the Secretary at such time, in such manner, and 

7 accompanied by such information as the Secretary may 

8 require, including information on how the State edu9 cational agency will target resources to schools and local 

10 educational agencies in need of assistance related to pre11 venting and reducing physical restraint. 

12 (d) AUTHORITY TO MAKE SUBGRANTS.— 

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

14 receiving a grant under this section may use such 

15 grant funds to award subgrants, on a competitive 

16 basis, to local educational agencies. 

17 (2) APPLICATION.—A local educational agency 

18 desiring to receive a subgrant under this section 

19 shall submit an application to the applicable State 

20 educational agency at such time, in such manner, 

21 and containing such information as the State edu22 cational agency may require. 

23 (e) PRIVATE SCHOOL PARTICIPATION.— 

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

25 receiving grant funds under this section shall, after 


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1 timely and meaningful consultation with appropriate 

2 private school officials, ensure that private school 

3 personnel can participate, on an equitable basis, in 

4 activities supported by grant or subgrant funds. 

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

6 of funds provided under this section, and title to ma7 terials, equipment, and property with such funds, 

8 shall be in a public agency and a public agency shall 

9 administer such funds, materials, equipment, and 

10 property. 

11 (f) REQUIRED ACTIVITIES.—A State educational 

12 agency receiving a grant, or a local educational agency re13 ceiving a subgrant, under this section shall use such grant 

14 or subgrant funds to carry out the following: 

15 (1) Researching, developing, implementing, and 

16 evaluating evidence-based strategies, policies, and 

17 procedures to reduce and prevent physical restraint 

18 in schools, consistent with the minimum standards 

19 described in this Act. 

20 (2) Providing professional development, train21 ing, and certification for school personnel to meet 

22 such standards. 

23 (g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addi24 tion to the required activities described in subsection (f), 

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


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1 educational agency receiving a subgrant, under this sec2 tion may use such grant or subgrant funds for one or more 

3 of the following: 

4 (1) Developing and implementing a high-quality 

5 professional development and training program to 

6 implement evidence-based systematic approaches to 

7 school-wide positive behavioral interventions and 

8 supports, including improving coaching, facilitation, 

9 and training capacity for administrators, teachers, 

10 specialized instructional support personnel, and 

11 other staff. 

12 (2) Providing technical assistance to develop 

13 and implement evidence-based systematic approaches 

14 to school-wide positive behavioral interventions and 

15 supports, including technical assistance for data16 driven decisionmaking related to positive behavioral 

17 interventions and supports in the classroom. 

18 (3) Researching, evaluating, and disseminating 

19 high-quality evidence-based programs and activities 

20 that implement school-wide positive behavioral inter21 ventions and supports with fidelity. 

22 (4) Supporting other local positive behavioral 

23 interventions and supports implementation activities 

24 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 

25 cease and desist order, in the same manner the SecVerDate Mar 15 2010 02:09 Feb 25, 2014 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2036.IS S2036

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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. APPLICABILITY. 

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

18 construed to affect any private school that does not re19 ceive, or does not serve students who receive, support in 

20 any form from any program supported, in whole or in 

21 part, with funds provided by the Department of Edu22 cation. 

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

24 construed to— 


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

2 school is treated as a private school or home school 

3 under State law; or 

4 (2) consider a parent who is schooling a child 

5 at home as school personnel. 

6 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated such sums 

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

9 2015 and each of the 4 succeeding fiscal years. 

Æ 


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