I 

111TH CONGRESS 

1ST SESSION H. R. 4247 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2009 

Mr. GEORGE MILLER of California (for himself and Mrs. MCMORRIS RODGERS) introduced the following bill; which was referred to the Committee 

on Education and Labor 

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 ‘‘Preventing Harmful 

5 Restraint and Seclusion in Schools Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Physical restraint and seclusion have re9 sulted in physical injury, psychological trauma, and 

10 death to children in public and private schools. Namstockstill on DSKH9S0YB1PROD with BILLS

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1 tional research shows students have been subjected 

2 to physical restraint and seclusion in schools as a 

3 means of discipline, to force compliance, or as a sub4 stitute for appropriate educational support. 

5 (2) Behavioral interventions for children must 

6 promote the right of all children to be treated with 

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

8 physical or mental abuse, aversive behavioral inter9 ventions that compromise health and safety, and any 

10 physical restraint or seclusion imposed solely for 

11 purposes of discipline or convenience. 

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

13 available to support children who display challenging 

14 behaviors in school settings. Staff training focused 

15 on the dangers of physical restraint and seclusion as 

16 well as training in evidence-based positive behavior 

17 supports, de-escalation techniques, and physical re18 straint and seclusion prevention, can reduce the inci19 dence of injury, trauma, and death. 

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

21 a safe environment and should be provided training 

22 and support to prevent injury and trauma to them23 selves and others. 

24 (5) Despite the widely recognized risks of phys25 ical restraint and seclusion, a substantial disparity 

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1 exists among many States and localities with regard 

2 to the protection and oversight of the rights of chil3 dren and school personnel to a safe learning environ4 ment. 

5 (6) Children are subjected to physical restraint 

6 and seclusion at higher rates than adults. Physical 

7 restraint which restricts breathing or causes other 

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

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

10 the deaths of children in schools. 

11 (7) Children are protected from inappropriate 

12 physical restraint and seclusion in other settings, 

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

14 community-based facilities. Similar protections are 

15 needed in schools, yet such protections must ac16 knowledge the differences of the school environment. 

17 (8) Research confirms that physical restraint 

18 and seclusion are not therapeutic, nor are these 

19 practices effective means to calm or teach children, 

20 and may have an opposite effect while simulta21 neously decreasing a child’s ability to learn. 

22 (9) The effective implementation of school-wide 

23 positive behavior supports is linked to greater aca24 demic achievement, significantly fewer disciplinary 

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1 problems, increased instruction time, and staff per2 ception of a safer teaching environment. 

3 SEC. 3. PURPOSES. 

4 The purposes of this Act are to— 

5 (1) prevent and reduce the use of physical re6 straint and seclusion in schools; 

7 (2) ensure the safety of all students and per8 sonnel in schools and promote a positive school cul9 ture and climate; 

10 (3) protect students from— 

11 (A) physical or mental abuse; 

12 (B) aversive behavioral interventions that 

13 compromise health and safety; and 

14 (C) any physical restraint or seclusion im15 posed solely for purposes of discipline or con16 venience; 

17 (4) ensure that physical restraint and seclusion 

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

19 poses an imminent danger of physical injury to the 

20 student, school personnel, or others; and 

21 (5) assist States, local educational agencies, 

22 and schools in— 

23 (A) establishing policies and procedures to 

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1 cluding students with the most complex and in2 tensive behavioral needs; 

3 (B) providing school personnel with the 

4 necessary tools, training, and support to ensure 

5 the safety of all students and all school per6 sonnel; 

7 (C) collecting and analyzing data on phys8 ical restraint and seclusion in schools; and 

9 (D) identifying and implementing effective 

10 evidence-based models to prevent and reduce 

11 physical restraint and seclusion in schools. 

12 SEC. 4. DEFINITIONS. 

13 In this Act: 

14 (1) CHEMICAL RESTRAINT.—The term ‘‘chem15 ical restraint’’ means a drug or medication used on 

16 a student to control behavior or restrict freedom of 

17 movement that is not— 

18 (A) prescribed by a licensed physician for 

19 the standard treatment of a student’s medical 

20 or psychiatric condition; and 

21 (B) administered as prescribed by the li22 censed physician. 

23 (2) EDUCATIONAL SERVICE AGENCY.—The 

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

25 given such term in section 9101(17) of the Elemenmstockstill on DSKH9S0YB1PROD with BILLS

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1 tary and Secondary Education Act of 1965 (20 

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

3 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen4 tary school’’ has the meaning given the term in sec5 tion 9101(18) of the Elementary and Secondary 

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

7 (4) LOCAL EDUCATIONAL AGENCY.—The term 

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

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

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

11 7801(26)). 

12 (5) MECHANICAL RESTRAINT.—The term ‘‘me13 chanical restraint’’ has the meaning given the term 

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

15 Act (42 U.S.C. 290jj(d)(1)), except that the mean16 ing shall be applied by substituting ‘‘student’s’’ for 

17 ‘‘resident’s’’. 

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

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

20 Elementary and Secondary Education Act of 1965 

21 (20 U.S.C. 7801(31)). 

22 (7) PHYSICAL ESCORT.—The term ‘‘physical es23 cort’’ has the meaning given the term in section 

24 595(d)(2) of the Public Health Service Act (42 

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

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

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

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

5 595(d)(3) of the Public Health Service Act (42 

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

7 (9) POSITIVE BEHAVIOR SUPPORTS.—The term 

8 ‘‘positive behavior supports’’ means a systematic ap9 proach to embed evidence-based practices and data10 driven decisionmaking to improve school climate and 

11 culture, including a range of systemic and individ12 ualized strategies to reinforce desired behaviors and 

13 diminish reoccurrence of problem behaviors, in order 

14 to achieve improved academic and social outcomes 

15 and increase learning for all students, including 

16 those with the most complex and intensive behav17 ioral needs. 

18 (10) PROTECTION AND ADVOCACY SYSTEM.— 

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

20 a protection and advocacy system established under 

21 section 143 of the Developmental Disabilities Assist22 ance and Bill of Rights Act of 2000 (42 U.S.C. 

23 15043). 

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

25 entity that— 

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1 (A) is a public or private— 

2 (i) day or residential elementary 

3 school or secondary school; or 

4 (ii) early childhood, elementary school, 

5 or secondary school program that is under 

6 the jurisdiction of a school, educational 

7 service agency, or other educational insti8 tution or program; and 

9 (B) receives, or serves students who re10 ceive, support in any form from any program 

11 supported in whole or in part, directly or indi12 rectly, with funds appropriated to the Depart13 ment of Education. 

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

15 personnel’’ has the meaning— 

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

17 the Elementary and Secondary Education Act 

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

19 (B) given the term ‘‘school resource offi20 cer’’ in section 4151(11) of the Elementary and 

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

22 7161(11)). 

23 (13) SECONDARY SCHOOL.—The term sec24 ondary school has the meaning given such term in 

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1 section 9101(38) of the Elementary and Secondary 

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

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

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

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

6 290jj(d)(4)). 

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

8 means the Secretary of Education. 

9 (16) STATE-APPROVED TRAINING PROGRAM.— 

10 The term ‘‘State-approved training program’’ means 

11 a training program approved by a State and the 

12 Secretary that, at a minimum, provides— 

13 (A) evidence-based techniques shown to be 

14 effective in the prevention, and safe use, of 

15 physical restraint and seclusion; 

16 (B) evidence-based skills training related 

17 to positive behavior supports, safe physical es18 cort, conflict prevention, de-escalation, and con19 flict management; 

20 (C) first aid and cardiopulmonary resus21 citation; and 

22 (D) certification for school personnel in the 

23 techniques and skills described in subpara24 graphs (A) through (C), which shall be required 

25 to be renewed on a periodic basis. 

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1 (17) STATE.—The term ‘‘State’’ has the mean2 ing given the term in section 9101 of the Elemen3 tary and Secondary Education Act of 1965 (20 

4 U.S.C. 7801). 

5 (18) STATE EDUCATIONAL AGENCY.—The term 

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

7 such term in section 9101(41) of the Elementary 

8 and Secondary Education Act of 1965 (20 U.S.C. 

9 7801(41)). 

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

11 student enrolled in a school defined in paragraph 

12 (11), except that in the case of a private school or 

13 private program, such term means a student en14 rolled in such school or program who receives sup15 port in any form from any program supported in 

16 whole or in part, directly or indirectly, with funds 

17 appropriated to the Department of Education. 

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

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

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

21 except that the meaning shall be applied by sub22 stituting ‘‘student’’ for ‘‘resident’’. 

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

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

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

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1 protect each student from physical or mental abuse, aver2 sive behavioral interventions that compromise student 

3 health and safety, or any physical restraint or seclusion 

4 imposed solely for purposes of discipline or convenience 

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

6 Secretary shall promulgate regulations establishing the 

7 following minimum standards: 

8 (1) School personnel shall be prohibited from 

9 imposing on any student the following: 

10 (A) Mechanical restraints. 

11 (B) Chemical restraints. 

12 (C) Physical restraint or physical escort 

13 that restricts breathing. 

14 (D) Aversive behavioral interventions that 

15 compromise health and safety. 

16 (2) School personnel shall be prohibited from 

17 imposing physical restraint or seclusion on a student 

18 unless— 

19 (A) the student’s behavior poses an immi20 nent danger of physical injury to the student, 

21 school personnel, or others; 

22 (B) less restrictive interventions would be 

23 ineffective in stopping such imminent danger of 

24 physical injury; 

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1 (C) such physical restraint or seclusion is 

2 imposed by school personnel who— 

3 (i) continuously monitor the student 

4 face-to-face; or 

5 (ii) if school personnel safety is sig6 nificantly compromised by such face-to-face 

7 monitoring, are in continuous direct visual 

8 contact with the student; 

9 (D) such physical restraint or seclusion is 

10 imposed by— 

11 (i) school personnel trained and cer12 tified by a State-approved training pro13 gram (as defined in section 4(16)); or 

14 (ii) other school personnel in the case 

15 of a rare and clearly unavoidable emer16 gency circumstance when school personnel 

17 trained and certified as described in clause 

18 (i) are not immediately available due to the 

19 unforeseeable nature of the emergency cir20 cumstance; and 

21 (E) such physical restraint or seclusion 

22 end immediately upon the cessation of the con23 ditions described in subparagraphs (A) and (B). 

24 (3) States and local educational agencies shall 

25 ensure that a sufficient number of personnel are 

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1 trained and certified by a State-approved training 

2 program (as defined in section 4(16)) to meet the 

3 needs of the specific student population in each 

4 school. 

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

6 a planned intervention shall not be written into a 

7 student’s education plan, individual safety plan, be8 havioral plan, or individualized education program 

9 (as defined in section 602 of the Individuals with 

10 Disabilities Act (20 U.S.C. 1401)). Local edu11 cational agencies or schools may establish policies 

12 and procedures for use of physical restraint or seclu13 sion in school safety or crisis plans, provided that 

14 such school plans are not specific to any individual 

15 student. 

16 (5) Schools shall establish procedures to be fol17 lowed after each incident involving the imposition of 

18 physical restraint or seclusion upon a student, in19 cluding— 

20 (A) procedures to provide to the parent of 

21 the student, with respect to each such inci22 dent— 

23 (i) an immediate verbal or electronic 

24 communication on the same day as each 

25 such incident; and 

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1 (ii) within 24 hours of each such inci2 dent, written notification; and 

3 (B) any other procedures the Secretary de4 termines appropriate. 

5 (b) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to authorize the Secretary to pro7 mulgate regulations prohibiting the use of— 

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

9 (2) devices implemented by a trained school 

10 personnel, or utilized by a student, for the specific 

11 and approved therapeutic or safety purposes for 

12 which such devices were designed and, if applicable, 

13 prescribed, including— 

14 (A) restraints for medical immobilization; 

15 (B) adaptive devices or mechanical sup16 ports used to achieve proper body position, bal17 ance, or alignment to allow greater freedom of 

18 mobility than would be possible without the use 

19 of such devices or mechanical supports; or 

20 (C) vehicle safety restraints when used as 

21 intended during the transport of a student in a 

22 moving vehicle. 

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1 SEC. 6. STATE PLAN AND REPORT REQUIREMENTS AND EN2 FORCEMENT. 

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

4 Secretary promulgates regulations pursuant to section 

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

6 agency shall submit to the Secretary a State plan that pro7 vides— 

8 (1) assurances to the Secretary that the State 

9 has in effect— 

10 (A) State policies and procedures that 

11 meet the minimum standards, including the 

12 standards with respect to State-approved train13 ing programs, established by regulations pro14 mulgated pursuant to section 5(a); and 

15 (B) a State mechanism to effectively mon16 itor and enforce the minimum standards; 

17 (2) a description of the State policies and pro18 cedures, including a description of the State-ap19 proved training programs in such State; and 

20 (3) a description of the plans to ensure school 

21 personnel and parents are aware of the State poli22 cies and procedures. 

23 (b) REPORTING.— 

24 (1) REPORTING REQUIREMENTS.—Not later 

25 than 2 years after the date the Secretary promul26 gates regulations pursuant to section 5(a), and each 

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1 year thereafter, each State educational agency shall 

2 (in compliance with the requirements of section 444 

3 of the General Education Provisions Act (commonly 

4 known as the ‘‘Family Educational Rights and Pri5 vacy Act of 1974’’) (20 U.S.C. 1232g)) prepare and 

6 submit to the Secretary, and make available to the 

7 public, a report with respect to each local edu8 cational agency, and each school not under the juris9 diction of a local educational agency, located in the 

10 same State as such State educational agency, that 

11 includes the information described in paragraph (2). 

12 (2) INFORMATION REQUIREMENTS.— 

13 (A) GENERAL INFORMATION REQUIRE14 MENTS.—The report described in paragraph (1) 

15 shall include information on— 

16 (i) the total number of incidents in 

17 the preceding full-academic year in which 

18 physical restraint was imposed upon a stu19 dent; and 

20 (ii) the total number of incidents in 

21 the preceding full-academic year in which 

22 seclusion was imposed upon a student. 

23 (B) DISAGGREGATION.— 

24 (i) GENERAL DISAGGREGATION RE25 QUIREMENTS.—The information described 

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1 in subparagraph (A) shall be disaggregated 

2 by— 

3 (I) the total number of incidents 

4 in which physical restraint or seclu5 sion was imposed upon a student— 

6 (aa) that resulted in injury; 

7 (bb) that resulted in death; 

8 and 

9 (cc) in which the school per10 sonnel imposing physical re11 straint or seclusion were not 

12 trained and certified as described 

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

14 (II) the demographic characteris15 tics of all students upon whom phys16 ical restraint or seclusion was im17 posed, including— 

18 (aa) the categories identified 

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

20 Elementary and Secondary Edu21 cation Act of 1965 (20 U.S.C. 

22 6311(h)(1)(C)(i)); 

23 (bb) age; and 

24 (cc) disability status (which 

25 has the meaning given the term 

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1 ‘‘individual with a disability’’ in 

2 section 7(20) of the Rehabilita3 tion Act of 1973 (29 U.S.C. 

4 705(20))). 

5 (ii) UNDUPLICATED COUNT; EXCEP6 TION.—The disaggregation required under 

7 clause (i) shall— 

8 (I) be carried out in a manner to 

9 ensure an unduplicated count of the— 

10 (aa) total number of inci11 dents in the preceding full-aca12 demic year in which physical re13 straint was imposed upon a stu14 dent; and 

15 (bb) total number of inci16 dents in the preceding full-aca17 demic year in which seclusion 

18 was imposed upon a student; and 

19 (II) not be required in a case in 

20 which the number of students in a 

21 category would reveal personally iden22 tifiable information about an indi23 vidual student. 

24 (c) ENFORCEMENT.— 

25 (1) IN GENERAL.— 

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1 (A) USE OF REMEDIES.—If a State edu2 cational agency fails to comply with subsection 

3 (a) or (b), the Secretary shall— 

4 (i) withhold, in whole or in part, fur5 ther payments under an applicable pro6 gram (as such term is defined in section 

7 400(c) of the General Education Provi8 sions Act (20 U.S.C. 1221)) in accordance 

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

10 1234d); 

11 (ii) require a State educational agency 

12 to submit, and implement, within 1 year of 

13 such failure to comply, a corrective plan of 

14 action, which may include redirection of 

15 funds received under an applicable pro16 gram; or 

17 (iii) issue a complaint to compel com18 pliance of the State educational agency 

19 through a cease and desist order, in the 

20 same manner the Secretary is authorized 

21 to take such action under section 456 of 

22 General Education Provisions Act (20 

23 U.S.C. 1234d). 

24 (B) CESSATION OF WITHHOLDING OF

25 FUNDS.—Whenever the Secretary determines 

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1 (whether by certification or other appropriate 

2 evidence) that a State educational agency who 

3 is subject to the withholding of payments under 

4 subparagraph (A)(i) has cured the failure pro5 viding the basis for the withholding of pay6 ments, the Secretary shall cease the withholding 

7 of payments with respect to the State edu8 cational agency under such subparagraph. 

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

10 subsection shall be construed to limit the Secretary’s 

11 authority under the General Education Provisions 

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

13 SEC. 7. GRANT AUTHORITY. 

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

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

16 educational agencies to assist the agencies in— 

17 (1) establishing, implementing, and enforcing 

18 the policies and procedures to meet the minimum 

19 standards established by regulations promulgated by 

20 the Secretary pursuant to section 5(a); 

21 (2) improving State and local capacity to collect 

22 and analyze data related to physical restraint and 

23 seclusion; and 

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1 (3) improving school climate and culture by im2 plementing school-wide positive behavior support ap3 proaches. 

4 (b) DURATION OF GRANT.—A grant under this sec5 tion shall be awarded to a State educational agency for 

6 a 3-year period. 

7 (c) APPLICATION.—Each State educational agency 

8 desiring a grant under this section shall submit an appli9 cation to the Secretary at such time, in such manner, and 

10 accompanied by such information as the Secretary may 

11 require, including information on how the State edu12 cational agency will target resources to schools and local 

13 educational agencies in need of assistance related to pre14 venting and reducing physical restraint and seclusion. 

15 (d) AUTHORITY TO MAKE SUBGRANTS.— 

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

17 receiving a grant under this section may use such 

18 grant funds to award subgrants, on a competitive 

19 basis, to local educational agencies. 

20 (2) APPLICATION.—A local educational agency 

21 desiring to receive a subgrant under this section 

22 shall submit an application to the applicable State 

23 educational agency at such time, in such manner, 

24 and containing such information as the State edu25 cational agency may require. 

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1 (e) REQUIRED ACTIVITIES.—A State educational 

2 agency receiving a grant, or a local educational agency re3 ceiving a subgrant, under this section shall use such grant 

4 or subgrant funds to carry out the following: 

5 (1) Researching, developing, implementing, and 

6 evaluating strategies, policies, and procedures to pre7 vent and reduce physical restraint and seclusion in 

8 schools, consistent with the minimum standards es9 tablished by regulations promulgated by the Sec10 retary pursuant to section 5(a). 

11 (2) Providing professional development, train12 ing, and certification for school personnel to meet 

13 such standards. 

14 (3) Carrying out the reporting requirements 

15 under section 6(b) and analyzing the information in16 cluded in a report prepared under such section to 

17 identify student, school personnel, and school needs 

18 related to use of physical restraint and seclusion. 

19 (f) ADDITIONAL AUTHORIZED ACTIVITIES.—In addi20 tion to the required activities described in subsection (e), 

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

22 educational agency receiving a subgrant, under this sec23 tion may use such grant or subgrant funds for one or more 

24 of the following: 

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1 (1) Developing and implementing high-quality 

2 professional development and training programs to 

3 implement evidence-based systematic approaches to 

4 school-wide positive behavior supports, including im5 proving coaching, facilitation, and training capacity 

6 for administrators, teachers, specialized instructional 

7 support personnel, and other staff. 

8 (2) Providing technical assistance to develop 

9 and implement evidence-based systematic approaches 

10 to school-wide positive behavior supports, including 

11 technical assistance for data-driven decision-making 

12 related to behavioral supports and interventions in 

13 the classroom. 

14 (3) Researching, evaluating, and disseminating 

15 high-quality evidence-based programs and activities 

16 that implement school-wide positive behavior sup17 ports with fidelity. 

18 (4) Supporting other local positive behavior 

19 support implementation activities consistent with 

20 this subsection. 

21 (g) EVALUATION AND REPORT.—Each State edu22 cational agency receiving a grant under this section shall, 

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

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

25 prevention and reduction of physical restraint and 

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1 seclusion in the schools located in the State, con2 sistent with the minimum standards established by 

3 regulations promulgated by the Secretary pursuant 

4 to section 5(a); and 

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

6 progress. 

7 SEC. 8. NATIONAL ASSESSMENT. 

8 (a) NATIONAL ASSESSMENT.—The Secretary shall 

9 carry out a national assessment to determine the effective10 ness of this Act, which shall include— 

11 (1) analyzing data related to physical restraint 

12 and seclusion incidents; 

13 (2) analyzing the effectiveness of Federal, 

14 State, and local efforts to prevent and reduce the 

15 number of physical restraint and seclusion incidents 

16 in schools; 

17 (3) identifying the types of programs and serv18 ices that have demonstrated the greatest effective19 ness in preventing and reducing the number of phys20 ical restraint and seclusion incidents in schools; and 

21 (4) identifying evidence-based personnel train22 ing models with demonstrated success in preventing 

23 and reducing the number of physical restraint and 

24 seclusion incidents in schools, including models that 

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1 emphasize positive behavior supports and de-esca2 lation techniques over physical intervention. 

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

4 Committee on Education and Labor of the House of Rep5 resentatives and the Committee on Health, Education, 

6 Labor, and Pensions of the Senate— 

7 (1) an interim report that summarizes the pre8 liminary findings of the assessment described in sub9 section (a) not later than 3 years after the date of 

10 enactment of this Act; and 

11 (2) a final report of the findings of the assess12 ment not later than 5 years after the date of the en13 actment of this Act. 

14 SEC. 9. PROTECTION AND ADVOCACY SYSTEMS. 

15 Protection and Advocacy Systems shall have the au16 thority provided under section 143 of the Developmental 

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

18 U.S.C. 15043) to investigate, monitor, and enforce protec19 tions provided for students under this Act. 

20 SEC. 10. HEAD START PROGRAMS. 

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

22 Human Services, in consultation with the Secretary, shall 

23 promulgate regulations with respect to Head Start agen24 cies administering Head Start programs under the Head 

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1 Start Act (42 U.S.C. 9801 et seq.) that establish require2 ments consistent with— 

3 (1) the requirements established by regulations 

4 promulgated pursuant to section 5(a); and 

5 (2) the reporting and enforcement requirements 

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

7 (b) GRANT AUTHORITY.—From the amount appro8 priated under section 12, the Secretary may allocate funds 

9 to the Secretary of Health and Human Services to assist 

10 the Head Start agencies in establishing, implementing, 

11 and enforcing policies and procedures to meet the require12 ments established by regulations promulgated pursuant to 

13 subsection (a). 

14 SEC. 11. LIMITATION OF AUTHORITY. 

15 Nothing in this Act shall be construed to restrict or 

16 limit, or allow the Secretary to restrict or limit, any other 

17 rights or remedies otherwise available to students or par18 ents under Federal or State law. 

19 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums 

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

22 2011 and each of the 4 succeeding fiscal years. 

Æ 

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