I 

112TH CONGRESS 

1ST SESSION H. R. 1381 

To prevent and reduce the use of physical restraint and seclusion in schools, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2011 

Mr. GEORGE MILLER of California (for himself, Mr. LANGEVIN, Mr. POLIS, 

Mr. HOLT, Mr. HIMES, Mr. HARPER, Mr. SABLAN, Mr. KILDEE, Mr. 

GRIJALVA, Mr. LOEBSACK, Mr. HINCHEY, Mr. PAYNE, Mr. HINOJOSA, 

Mr. BISHOP of New York, Ms. WOOLSEY, Mrs. MCCARTHY of New York, 

Ms. HIRONO, and Mr. SCOTT of Virginia) introduced the following bill; 

which was referred to the Committee on Education and the Workforce 

A BILL 

To prevent and reduce the use of physical restraint and 

seclusion 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. 

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

5 Safe Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Physical restraint and seclusion have re2 sulted in physical injury, psychological trauma, and 

3 death to children in public and private schools. Na4 tional research shows students have been subjected 

5 to physical restraint and seclusion in schools as a 

6 means of discipline, to force compliance, or as a sub7 stitute for appropriate educational support. 

8 (2) Behavioral interventions for children must 

9 promote the right of all children to be treated with 

10 dignity. All children have the right to be free from 

11 physical or mental abuse, aversive behavioral inter12 ventions that compromise health and safety, and any 

13 physical restraint or seclusion imposed solely for 

14 purposes of discipline or convenience. 

15 (3) Safe, effective, evidence-based strategies are 

16 available to support children who display challenging 

17 behaviors in school settings. Staff training focused 

18 on the dangers of physical restraint and seclusion as 

19 well as training in evidence-based positive behavior 

20 supports, de-escalation techniques, and physical re21 straint and seclusion prevention, can reduce the inci22 dence of injury, trauma, and death. 

23 (4) School personnel have the right to work in 

24 a safe environment and should be provided training 


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1 and support to prevent injury and trauma to them2 selves and others. 

3 (5) Despite the widely recognized risks of phys4 ical restraint and seclusion, a substantial disparity 

5 exists among many States and localities with regard 

6 to the protection and oversight of the rights of chil7 dren and school personnel to a safe learning environ8 ment. 

9 (6) Children are subjected to physical restraint 

10 and seclusion at higher rates than adults. Physical 

11 restraint which restricts breathing or causes other 

12 body trauma, as well as seclusion in the absence of 

13 continuous face-to-face monitoring, have resulted in 

14 the deaths of children in schools. 

15 (7) Children are protected from inappropriate 

16 physical restraint and seclusion in other settings, 

17 such as hospitals, health facilities, and non-medical 

18 community-based facilities. Similar protections are 

19 needed in schools, yet such protections must ac20 knowledge the differences of the school environment. 

21 (8) Research confirms that physical restraint 

22 and seclusion are not therapeutic, nor are these 

23 practices effective means to calm or teach children, 

24 and may have an opposite effect while simulta25 neously decreasing a child’s ability to learn. 


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1 (9) The effective implementation of school-wide 

2 positive behavior supports is linked to greater aca3 demic achievement, significantly fewer disciplinary 

4 problems, increased instruction time, and staff per5 ception of a safer teaching environment. 

6 SEC. 3. PURPOSES. 

7 The purposes of this Act are to— 

8 (1) prevent and reduce the use of physical re9 straint and seclusion in schools; 

10 (2) ensure the safety of all students and school 

11 personnel in schools and promote a positive school 

12 culture and climate; 

13 (3) protect students from— 

14 (A) physical or mental abuse; 

15 (B) aversive behavioral interventions that 

16 compromise health and safety; and 

17 (C) any physical restraint or seclusion im18 posed solely for purposes of discipline or con19 venience; 

20 (4) ensure that physical restraint and seclusion 

21 are imposed in school only when a student’s behavior 

22 poses an imminent danger of physical injury to the 

23 student, school personnel, or others; and 

24 (5) assist States, local educational agencies, 

25 and schools in— 


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1 (A) establishing policies and procedures to 

2 keep all students, including students with the 

3 most complex and intensive behavioral needs, 

4 and school personnel safe; 

5 (B) providing school personnel with the 

6 necessary tools, training, and support to ensure 

7 the safety of all students and school personnel; 

8 (C) collecting and analyzing data on phys9 ical restraint and seclusion in schools; and 

10 (D) identifying and implementing effective 

11 evidence-based models to prevent and reduce 

12 physical restraint and seclusion in schools. 

13 SEC. 4. DEFINITIONS. 

14 In this Act: 

15 (1) CHEMICAL RESTRAINT.—The term ‘‘chem16 ical restraint’’ means a drug or medication used on 

17 a student to control behavior or restrict freedom of 

18 movement that is not— 

19 (A) prescribed by a licensed physician, or 

20 other qualified health professional acting under 

21 the scope of the professional’s authority under 

22 State law, for the standard treatment of a stu23 dent’s medical or psychiatric condition; and 

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1 fessional acting under the scope of the profes2 sional’s authority under State law. 

3 (2) EDUCATIONAL SERVICE AGENCY.—The 

4 term ‘‘educational service agency’’ has the meaning 

5 given such term in section 9101(17) of the Elemen6 tary and Secondary Education Act of 1965 (20 

7 U.S.C. 7801(17)). 

8 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen9 tary school’’ has the meaning given the term in sec10 tion 9101(18) of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 7801(18)). 

12 (4) LOCAL EDUCATIONAL AGENCY.—The term 

13 ‘‘local educational agency’’ has the meaning given 

14 the term in section 9101(26) of the Elementary and 

15 Secondary Education Act of 1965 (20 U.S.C. 

16 7801(26)). 

17 (5) MECHANICAL RESTRAINT.—The term ‘‘me18 chanical restraint’’ has the meaning given the term 

19 in section 595(d)(1) of the Public Health Service 

20 Act (42 U.S.C. 290jj(d)(1)), except that the mean21 ing shall be applied by substituting ‘‘student’s’’ for 

22 ‘‘resident’s’’. 

23 (6) PARENT.—The term ‘‘parent’’ has the 

24 meaning given the term in section 9101(31) of the 


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1 Elementary and Secondary Education Act of 1965 

2 (20 U.S.C. 7801(31)). 

3 (7) PHYSICAL ESCORT.—The term ‘‘physical es4 cort’’ has the meaning given the term in section 

5 595(d)(2) of the Public Health Service Act (42 

6 U.S.C. 290jj(d)(2)), except that the meaning shall 

7 be applied by substituting ‘‘student’’ for ‘‘resident’’. 

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

9 restraint’’ has the meaning given the term in section 

10 595(d)(3) of the Public Health Service Act (42 

11 U.S.C. 290jj(d)(3)). 

12 (9) POSITIVE BEHAVIOR SUPPORTS.—The term 

13 ‘‘positive behavior supports’’ means a systematic ap14 proach to embed evidence-based practices and data15 driven decisionmaking to improve school climate and 

16 culture, including a range of systemic and individ17 ualized strategies to reinforce desired behaviors and 

18 diminish reoccurrence of problem behaviors, in order 

19 to achieve improved academic and social outcomes 

20 and increase learning for all students, including 

21 those with the most complex and intensive behav22 ioral needs. 

23 (10) PROTECTION AND ADVOCACY SYSTEM.— 

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

25 a protection and advocacy system established under 


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1 section 143 of the Developmental Disabilities Assist2 ance and Bill of Rights Act of 2000 (42 U.S.C. 

3 15043). 

4 (11) SCHOOL.—The term ‘‘school’’ means an 

5 entity— 

6 (A) that— 

7 (i) is a public or private— 

8 (I) day or residential elementary 

9 school or secondary school; or 

10 (II) early childhood, elementary 

11 school, or secondary school program 

12 that is under the jurisdiction of a 

13 school, local educational agency, edu14 cational service agency, or other edu15 cational institution or program; and 

16 (ii) receives, or serves students who 

17 receive, support in any form from any pro18 gram supported, in whole or in part, with 

19 funds appropriated to the Department of 

20 Education; or 

21 (B) that is a school funded or operated by 

22 the Department of the Interior. 

23 (12) SCHOOL PERSONNEL.—The term ‘‘school 

24 personnel’’ has the meaning— 


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1 (A) given the term in section 4151(10) of 

2 the Elementary and Secondary Education Act 

3 of 1965 (20 U.S.C. 7161(10)); and 

4 (B) given the term ‘‘school resource offi5 cer’’ in section 4151(11) of the Elementary and 

6 Secondary Education Act of 1965 (20 U.S.C. 

7 7161(11)). 

8 (13) SECONDARY SCHOOL.—The term ‘‘sec9 ondary school’’ has the meaning given the term in 

10 section 9101(38) of the Elementary and Secondary 

11 Education Act of 1965 (20 U.S.C. 7801(38)). 

12 (14) SECLUSION.—The term ‘‘seclusion’’ has 

13 the meaning given the term in section 595(d)(4) of 

14 the Public Health Service Act (42 U.S.C. 

15 290jj(d)(4)). 

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

17 means the Secretary of Education. 

18 (16) STATE-APPROVED CRISIS INTERVENTION

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

20 crisis intervention training program’’ means a train21 ing program approved by a State and the Secretary 

22 that, at a minimum, provides— 

23 (A) training in evidence-based techniques 

24 shown to be effective in the prevention of phys25 ical restraint and seclusion; 


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1 (B) training in evidence-based techniques 

2 shown to be effective in keeping both school 

3 personnel and students safe when imposing 

4 physical restraint or seclusion; 

5 (C) evidence-based skills training related to 

6 positive behavior supports, safe physical escort, 

7 conflict prevention, understanding antecedents, 

8 de-escalation, and conflict management; 

9 (D) training in first aid and cardiopulmo10 nary resuscitation; 

11 (E) information describing State policies 

12 and procedures that meet the minimum stand13 ards established by regulations promulgated 

14 pursuant to section 5(a); and 

15 (F) certification for school personnel in the 

16 techniques and skills described in subpara17 graphs (A) through (D), which shall be required 

18 to be renewed on a periodic basis. 

19 (17) STATE.—The term ‘‘State’’ has the mean20 ing given the term in section 9101 of the Elemen21 tary and Secondary Education Act of 1965 (20 

22 U.S.C. 7801). 

23 (18) STATE EDUCATIONAL AGENCY.—The term 

24 ‘‘State educational agency’’ has the meaning given 

25 the term in section 9101(41) of the Elementary and 


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1 Secondary Education Act of 1965 (20 U.S.C. 

2 7801(41)). 

3 (19) STUDENT.—The term ‘‘student’’ means a 

4 student enrolled in a school defined in paragraph 

5 (11), except that in the case of a student enrolled 

6 in a private school or private program, such term 

7 means a student who receives support in any form 

8 from any program supported, in whole or in part, 

9 with funds appropriated to the Department of Edu10 cation. 

11 (20) TIME OUT.—The term ‘‘time out’’ has the 

12 meaning given the term in section 595(d)(5) of the 

13 Public Health Service Act (42 U.S.C. 290jj(d)(5)), 

14 except that the meaning shall be applied by sub15 stituting ‘‘student’’ for ‘‘resident’’. 

16 SEC. 5. MINIMUM STANDARDS; RULE OF CONSTRUCTION. 

17 (a) MINIMUM STANDARDS.—Not later than 180 days 

18 after the date of the enactment of this Act, in order to 

19 protect each student from physical or mental abuse, aver20 sive behavioral interventions that compromise student 

21 health and safety, or any physical restraint or seclusion 

22 imposed solely for purposes of discipline or convenience 

23 or in a manner otherwise inconsistent with this Act, the 

24 Secretary shall promulgate regulations establishing the 

25 following minimum standards: 


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1 (1) School personnel shall be prohibited from 

2 imposing on any student the following: 

3 (A) Mechanical restraints. 

4 (B) Chemical restraints. 

5 (C) Physical restraint or physical escort 

6 that restricts breathing. 

7 (D) Aversive behavioral interventions that 

8 compromise health and safety. 

9 (2) School personnel shall be prohibited from 

10 imposing physical restraint or seclusion on a student 

11 unless— 

12 (A) the student’s behavior poses an immi13 nent danger of physical injury to the student, 

14 school personnel, or others; 

15 (B) less restrictive interventions would be 

16 ineffective in stopping such imminent danger of 

17 physical injury; 

18 (C) such physical restraint or seclusion is 

19 imposed by school personnel who— 

20 (i) continuously monitor the student 

21 face-to-face; or 

22 (ii) if school personnel safety is sig23 nificantly compromised by such face-to-face 

24 monitoring, are in continuous direct visual 

25 contact with the student; 


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1 (D) such physical restraint or seclusion is 

2 imposed by— 

3 (i) school personnel trained and cer4 tified by a State-approved crisis interven5 tion training program (as defined in sec6 tion 4(16)); or 

7 (ii) other school personnel in the case 

8 of a rare and clearly unavoidable emer9 gency circumstance when school personnel 

10 trained and certified as described in clause 

11 (i) are not immediately available due to the 

12 unforeseeable nature of the emergency cir13 cumstance; and 

14 (E) such physical restraint or seclusion 

15 ends immediately upon the cessation of the con16 ditions described in subparagraphs (A) and (B). 

17 (3) States, in consultation with local edu18 cational agencies and private school officials, shall 

19 ensure that a sufficient number of personnel are 

20 trained and certified by a State-approved crisis 

21 intervention training program (as defined in section 

22 4(16)) to meet the needs of the specific student pop23 ulation in each school. 

24 (4) The use of physical restraint or seclusion as 

25 a planned intervention shall not be written into a 


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1 student’s education plan, individual safety plan, be2 havioral plan, or individualized education program 

3 (as defined in section 602 of the Individuals with 

4 Disabilities Education Act (20 U.S.C. 1401)). Local 

5 educational agencies or schools may establish poli6 cies and procedures for use of physical restraint or 

7 seclusion in school safety or crisis plans, provided 

8 that such school plans are not specific to any indi9 vidual student. 

10 (5) Schools shall establish procedures to be fol11 lowed after each incident involving the imposition of 

12 physical restraint or seclusion upon a student, in13 cluding— 

14 (A) procedures to provide to the parent of 

15 the student, with respect to each such inci16 dent— 

17 (i) an immediate verbal or electronic 

18 communication on the same day as each 

19 such incident; and 

20 (ii) within 24 hours of each such inci21 dent, written notification; and 

22 (B) any other procedures the Secretary de23 termines appropriate. 

24 (b) SECRETARY OF THE INTERIOR.—The Secretary 

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1 ed by the Department of the Interior comply with the reg2 ulations promulgated by the Secretary under subsection 

3 (a). 

4 (c) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to authorize the Secretary to pro6 mulgate regulations prohibiting the use of— 

7 (1) time out (as defined in section 4(20)); or 

8 (2) devices implemented by trained school per9 sonnel, or utilized by a student, for the specific and 

10 approved therapeutic or safety purposes for which 

11 such devices were designed and, if applicable, pre12 scribed, including— 

13 (A) restraints for medical immobilization; 

14 (B) adaptive devices or mechanical sup15 ports used to achieve proper body position, bal16 ance, or alignment to allow greater freedom of 

17 mobility than would be possible without the use 

18 of such devices or mechanical supports; or 

19 (C) vehicle safety restraints when used as 

20 intended during the transport of a student in a 

21 moving vehicle; or 

22 (3) handcuffs by school resource officers (as 

23 such term is defined in section 4151(11) of the Ele24 mentary and Secondary Education Act of 1965 (20 

25 U.S.C. 7161(11)))— 


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1 (A) in the— 

2 (i) case when a student’s behavior 

3 poses an imminent danger of physical in4 jury to the student, school personnel, or 

5 others; or 

6 (ii) lawful exercise of law enforcement 

7 duties; and 

8 (B) less restrictive interventions would be 

9 ineffective. 

10 SEC. 6. STATE PLAN AND REPORT REQUIREMENTS AND EN11 FORCEMENT. 

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

13 Secretary promulgates regulations pursuant to section 

14 5(a), and each year thereafter, each State educational 

15 agency shall submit to the Secretary a State plan that pro16 vides— 

17 (1) assurances to the Secretary that the State 

18 has in effect— 

19 (A) State policies and procedures that 

20 meet the minimum standards, including the 

21 standards with respect to State-approved crisis 

22 intervention training programs, established by 

23 regulations promulgated pursuant to section 

24 5(a); and 


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1 (B) a State mechanism to effectively mon2 itor and enforce the minimum standards; 

3 (2) a description of the State policies and pro4 cedures, including a description of the State-ap5 proved crisis intervention training programs in such 

6 State; and 

7 (3) a description of the State plans to ensure 

8 school personnel and parents, including private 

9 school personnel and parents, are aware of the State 

10 policies and procedures. 

11 (b) REPORTING.— 

12 (1) REPORTING REQUIREMENTS.—Not later 

13 than 2 years after the date the Secretary promul14 gates regulations pursuant to section 5(a), and each 

15 year thereafter, each State educational agency shall 

16 (in compliance with the requirements of section 444 

17 of the General Education Provisions Act (commonly 

18 known as the ‘‘Family Educational Rights and Pri19 vacy Act of 1974’’) (20 U.S.C. 1232g)) prepare and 

20 submit to the Secretary, and make available to the 

21 public, a report that includes the information de22 scribed in paragraph (2), with respect to each local 

23 educational agency, and each school not under the 

24 jurisdiction of a local educational agency, located in 

25 the same State as such State educational agency. 


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1 (2) INFORMATION REQUIREMENTS.— 

2 (A) GENERAL INFORMATION REQUIRE3 MENTS.—The report described in paragraph (1) 

4 shall include information on— 

5 (i) the total number of incidents in 

6 the preceding full-academic year in which 

7 physical restraint was imposed upon a stu8 dent; and 

9 (ii) the total number of incidents in 

10 the preceding full-academic year in which 

11 seclusion was imposed upon a student. 

12 (B) DISAGGREGATION.— 

13 (i) GENERAL DISAGGREGATION RE14 QUIREMENTS.—The information described 

15 in subparagraph (A) shall be disaggregated 

16 by— 

17 (I) the total number of incidents 

18 in which physical restraint or seclu19 sion was imposed upon a student— 

20 (aa) that resulted in injury; 

21 (bb) that resulted in death; 

22 and 

23 (cc) in which the school per24 sonnel imposing physical re25 straint or seclusion were not 


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1 trained and certified as described 

2 in section 5(a)(2)(D)(i); and 

3 (II) the demographic characteris4 tics of all students upon whom phys5 ical restraint or seclusion was im6 posed, including— 

7 (aa) the categories identified 

8 in section 1111(h)(1)(C)(i) of the 

9 Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 

11 6311(h)(1)(C)(i)); 

12 (bb) age; and 

13 (cc) disability status (which 

14 has the meaning given the term 

15 ‘‘individual with a disability’’ in 

16 section 7(20) of the Rehabilita17 tion Act of 1973 (29 U.S.C. 

18 705(20))). 

19 (ii) UNDUPLICATED COUNT; EXCEP20 TION.—The disaggregation required under 

21 clause (i) shall— 

22 (I) be carried out in a manner to 

23 ensure an unduplicated count of the— 

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1 demic year in which physical re2 straint was imposed upon a stu3 dent; and 

4 (bb) total number of inci5 dents in the preceding full-aca6 demic year in which seclusion 

7 was imposed upon a student; and 

8 (II) not be required in a case in 

9 which the number of students in a 

10 category would reveal personally iden11 tifiable information about an indi12 vidual student. 

13 (c) ENFORCEMENT.— 

14 (1) IN GENERAL.— 

15 (A) USE OF REMEDIES.—If a State edu16 cational agency fails to comply with subsection 

17 (a) or (b), the Secretary shall— 

18 (i) withhold, in whole or in part, fur19 ther payments under an applicable pro20 gram (as such term is defined in section 

21 400(c) of the General Education Provi22 sions Act (20 U.S.C. 1221)) in accordance 

23 with section 455 of such Act (20 U.S.C. 

24 1234d); 


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1 (ii) require a State educational agency 

2 to submit, and implement, within 1 year of 

3 such failure to comply, a corrective plan of 

4 action, which may include redirection of 

5 funds received under an applicable pro6 gram; or 

7 (iii) issue a complaint to compel com8 pliance of the State educational agency 

9 through a cease and desist order, in the 

10 same manner the Secretary is authorized 

11 to take such action under section 456 of 

12 the General Education Provisions Act (20 

13 U.S.C. 1234e). 

14 (B) CESSATION OF WITHHOLDING OF

15 FUNDS.—Whenever the Secretary determines 

16 (whether by certification or other appropriate 

17 evidence) that a State educational agency who 

18 is subject to the withholding of payments under 

19 subparagraph (A)(i) has cured the failure pro20 viding the basis for the withholding of pay21 ments, the Secretary shall cease the withholding 

22 of payments with respect to the State edu23 cational agency under such subparagraph. 

24 (2) RULE OF CONSTRUCTION.—Nothing in this 

25 subsection shall be construed to limit the Secretary’s 


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1 authority under the General Education Provisions 

2 Act (20 U.S.C. 1221 et seq.). 

3 SEC. 7. GRANT AUTHORITY. 

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

5 under section 12, the Secretary may award grants to State 

6 educational agencies to assist the agencies in— 

7 (1) establishing, implementing, and enforcing 

8 the policies and procedures to meet the minimum 

9 standards established by regulations promulgated by 

10 the Secretary pursuant to section 5(a); 

11 (2) improving State and local capacity to collect 

12 and analyze data related to physical restraint and 

13 seclusion; and 

14 (3) improving school climate and culture by im15 plementing school-wide positive behavior support ap16 proaches. 

17 (b) DURATION OF GRANT.—A grant under this sec18 tion shall be awarded to a State educational agency for 

19 a 3-year period. 

20 (c) APPLICATION.—Each State educational agency 

21 desiring a grant under this section shall submit an appli22 cation to the Secretary at such time, in such manner, and 

23 accompanied by such information as the Secretary may 

24 require, including information on how the State edu25 cational agency will target resources to schools and local 


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1 educational agencies in need of assistance related to pre2 venting and reducing physical restraint and seclusion. 

3 (d) AUTHORITY TO MAKE SUBGRANTS.— 

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

5 receiving a grant under this section may use such 

6 grant funds to award subgrants, on a competitive 

7 basis, to local educational agencies. 

8 (2) APPLICATION.—A local educational agency 

9 desiring to receive a subgrant under this section 

10 shall submit an application to the applicable State 

11 educational agency at such time, in such manner, 

12 and containing such information as the State edu13 cational agency may require. 

14 (e) PRIVATE SCHOOL PARTICIPATION.— 

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

16 receiving subgrant funds under this section shall, 

17 after timely and meaningful consultation with appro18 priate private school officials, ensure that private 

19 school personnel can participate, on an equitable 

20 basis, in activities supported by grant or subgrant 

21 funds. 

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

23 of funds provided under this section, and title to ma24 terials, equipment, and property purchased with 

25 such funds, shall be in a public agency, and a public 


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1 agency shall administer such funds, materials, equip2 ment, and property. 

3 (f) REQUIRED ACTIVITIES.—A State educational 

4 agency receiving a grant, or a local educational agency re5 ceiving a subgrant, under this section shall use such grant 

6 or subgrant funds to carry out the following: 

7 (1) Researching, developing, implementing, and 

8 evaluating strategies, policies, and procedures to pre9 vent and reduce physical restraint and seclusion in 

10 schools, consistent with the minimum standards es11 tablished by regulations promulgated by the Sec12 retary pursuant to section 5(a). 

13 (2) Providing professional development, train14 ing, and certification for school personnel to meet 

15 such standards. 

16 (3) Carrying out the reporting requirements 

17 under section 6(b) and analyzing the information in18 cluded in a report prepared under such section to 

19 identify student, school personnel, and school needs 

20 related to use of physical restraint and seclusion. 

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 one or more 

2 of the following: 

3 (1) Developing and implementing high-quality 

4 professional development and training programs to 

5 implement evidence-based systematic approaches to 

6 school-wide positive behavior supports, including im7 proving coaching, facilitation, and training capacity 

8 for administrators, teachers, specialized instructional 

9 support personnel, and other staff. 

10 (2) Providing technical assistance to develop 

11 and implement evidence-based systematic approaches 

12 to school-wide positive behavior supports, including 

13 technical assistance for data-driven decisionmaking 

14 related to behavioral supports and interventions in 

15 the classroom. 

16 (3) Researching, evaluating, and disseminating 

17 high-quality evidence-based programs and activities 

18 that implement school-wide positive behavior sup19 ports with fidelity. 

20 (4) Supporting other local positive behavior 

21 support implementation activities consistent with 

22 this subsection. 

23 (h) EVALUATION AND REPORT.—Each State edu24 cational agency receiving a grant under this section shall, 

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


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

2 prevention and reduction of physical restraint and 

3 seclusion in the schools located in the State, con4 sistent with the minimum standards established by 

5 regulations promulgated by the Secretary pursuant 

6 to section 5(a); and 

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

8 progress. 

9 (i) DEPARTMENT OF THE INTERIOR.—From the 

10 amount appropriated under section 12, the Secretary may 

11 allocate funds to the Secretary of the Interior for activities 

12 under this section with respect to schools operated or 

13 funded by the Department of the Interior, under such 

14 terms as the Secretary of Education may prescribe. 

15 SEC. 8. NATIONAL ASSESSMENT. 

16 (a) NATIONAL ASSESSMENT.—The Secretary shall 

17 carry out a national assessment to determine the effective18 ness of this Act, which shall include— 

19 (1) analyzing data related to physical restraint 

20 and seclusion incidents; 

21 (2) analyzing the effectiveness of Federal, 

22 State, and local efforts to prevent and reduce the 

23 number of physical restraint and seclusion incidents 

24 in schools; 


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1 (3) identifying the types of programs and serv2 ices that have demonstrated the greatest effective3 ness in preventing and reducing the number of phys4 ical restraint and seclusion incidents in schools; and 

5 (4) identifying evidence-based personnel train6 ing models with demonstrated success in preventing 

7 and reducing the number of physical restraint and 

8 seclusion incidents in schools, including models that 

9 emphasize positive behavior supports and de-esca10 lation techniques over physical intervention. 

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

12 Committee on Education and the Workforce of the House 

13 of Representatives and the Committee on Health, Edu14 cation, Labor, and Pensions of the Senate— 

15 (1) an interim report that summarizes the pre16 liminary findings of the assessment described in sub17 section (a) not later than 3 years after the date of 

18 enactment of this Act; and 

19 (2) a final report of the findings of the assess20 ment not later than 5 years after the date of the en21 actment of this Act. 

22 SEC. 9. PROTECTION AND ADVOCACY SYSTEMS. 

23 Protection and Advocacy Systems shall have the au24 thority provided under section 143 of the Developmental 

25 Disabilities Assistance and Bill of Rights Act of 2000 (42 


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1 U.S.C. 15043) to investigate, monitor, and enforce protec2 tions provided for students under this Act. 

3 SEC. 10. HEAD START PROGRAMS. 

4 (a) REGULATIONS.—The Secretary of Health and 

5 Human Services, in consultation with the Secretary, shall 

6 promulgate regulations with respect to Head Start agen7 cies administering Head Start programs under the Head 

8 Start Act (42 U.S.C. 9801 et seq.) that establish require9 ments consistent with— 

10 (1) the requirements established by regulations 

11 promulgated pursuant to section 5(a); and 

12 (2) the reporting and enforcement requirements 

13 described in subsections (b) and (c) of section 6. 

14 (b) GRANT AUTHORITY.—From the amount appro15 priated under section 12, the Secretary may allocate funds 

16 to the Secretary of Health and Human Services to assist 

17 the Head Start agencies in establishing, implementing, 

18 and enforcing policies and procedures to meet the require19 ments established by regulations promulgated pursuant to 

20 subsection (a). 

21 SEC. 11. LIMITATION OF AUTHORITY. 

22 (a) IN GENERAL.—Nothing in this Act shall be con23 strued to restrict or limit, or allow the Secretary to restrict 

24 or limit, any other rights or remedies otherwise available 


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1 to students or parents under Federal or State law or regu2 lation. 

3 (b) APPLICABILITY.— 

4 (1) PRIVATE SCHOOLS.—Nothing in this Act 

5 shall be construed to affect any private school that 

6 does not receive, or does not serve students who re7 ceive, support in any form from any program sup8 ported, in whole or in part, with funds appropriated 

9 to the Department of Education. 

10 (2) HOME SCHOOLS.—Nothing in this Act shall 

11 be construed to— 

12 (A) affect a home school, whether or not a 

13 home school is treated as a private school or 

14 home school under State law; or 

15 (B) consider parents who are schooling a 

16 child at home as school personnel. 

17 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

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

20 2012 and each of the 4 succeeding fiscal years. 

21 SEC. 13. PRESUMPTION OF CONGRESS RELATING TO COM22 PETITIVE PROCEDURES. 

23 (a) PRESUMPTION.—It is the presumption of Con24 gress that grants awarded under this Act will be awarded 

25 using competitive procedures based on merit. 


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1 (b) REPORT TO CONGRESS.—If grants are awarded 

2 under this Act using procedures other than competitive 

3 procedures, the Secretary shall submit to Congress a re4 port explaining why competitive procedures were not used. 

5 SEC. 14. PROHIBITION ON EARMARKS. 

6 None of the funds appropriated to carry out this Act 

7 may be used for a congressional earmark as defined in 

8 clause 9e, of Rule XXI of the rules of the House of Rep9 resentatives of the 112th Congress. 

Æ 


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