IIB 

111TH CONGRESS 

2D SESSION H. R. 4247 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2010 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

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, 


jbell on DSKDVH8Z91PROD with BILLS
2 

HR 4247 RFS 

1 SECTION 1. SHORT TITLE. 

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

3 Safe Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Physical restraint and seclusion have re7 sulted in physical injury, psychological trauma, and 

8 death to children in public and private schools. Na9 tional research shows students have been subjected 

10 to physical restraint and seclusion in schools as a 

11 means of discipline, to force compliance, or as a sub12 stitute for appropriate educational support. 

13 (2) Behavioral interventions for children must 

14 promote the right of all children to be treated with 

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

16 physical or mental abuse, aversive behavioral inter17 ventions that compromise health and safety, and any 

18 physical restraint or seclusion imposed solely for 

19 purposes of discipline or convenience. 

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

21 available to support children who display challenging 

22 behaviors in school settings. Staff training focused 

23 on the dangers of physical restraint and seclusion as 

24 well as training in evidence-based positive behavior 

25 supports, de-escalation techniques, and physical reVerDate Nov 24 2008 23:35 Mar 04, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4247.RFS H4247

jbell on DSKDVH8Z91PROD with BILLS
3 

HR 4247 RFS 

1 straint and seclusion prevention, can reduce the inci2 dence of injury, trauma, and death. 

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

4 a safe environment and should be provided training 

5 and support to prevent injury and trauma to them6 selves and others. 

7 (5) Despite the widely recognized risks of phys8 ical restraint and seclusion, a substantial disparity 

9 exists among many States and localities with regard 

10 to the protection and oversight of the rights of chil11 dren and school personnel to a safe learning environ12 ment. 

13 (6) Children are subjected to physical restraint 

14 and seclusion at higher rates than adults. Physical 

15 restraint which restricts breathing or causes other 

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

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

18 the deaths of children in schools. 

19 (7) Children are protected from inappropriate 

20 physical restraint and seclusion in other settings, 

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

22 community-based facilities. Similar protections are 

23 needed in schools, yet such protections must ac24 knowledge the differences of the school environment. 


jbell on DSKDVH8Z91PROD with BILLS
4 

HR 4247 RFS 

1 (8) Research confirms that physical restraint 

2 and seclusion are not therapeutic, nor are these 

3 practices effective means to calm or teach children, 

4 and may have an opposite effect while simulta5 neously decreasing a child’s ability to learn. 

6 (9) The effective implementation of school-wide 

7 positive behavior supports is linked to greater aca8 demic achievement, significantly fewer disciplinary 

9 problems, increased instruction time, and staff per10 ception of a safer teaching environment. 

11 SEC. 3. PURPOSES. 

12 The purposes of this Act are to— 

13 (1) prevent and reduce the use of physical re14 straint and seclusion in schools; 

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

16 personnel in schools and promote a positive school 

17 culture and climate; 

18 (3) protect students from— 

19 (A) physical or mental abuse; 

20 (B) aversive behavioral interventions that 

21 compromise health and safety; and 

22 (C) any physical restraint or seclusion im23 posed solely for purposes of discipline or con24 venience; 


jbell on DSKDVH8Z91PROD with BILLS
5 

HR 4247 RFS 

1 (4) ensure that physical restraint and seclusion 

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

3 poses an imminent danger of physical injury to the 

4 student, school personnel, or others; and 

5 (5) assist States, local educational agencies, 

6 and schools in— 

7 (A) establishing policies and procedures to 

8 keep all students, including students with the 

9 most complex and intensive behavioral needs, 

10 and school personnel safe; 

11 (B) providing school personnel with the 

12 necessary tools, training, and support to ensure 

13 the safety of all students and school personnel; 

14 (C) collecting and analyzing data on phys15 ical restraint and seclusion in schools; and 

16 (D) identifying and implementing effective 

17 evidence-based models to prevent and reduce 

18 physical restraint and seclusion in schools. 

19 SEC. 4. DEFINITIONS. 

20 In this Act: 

21 (1) CHEMICAL RESTRAINT.—The term ‘‘chem22 ical restraint’’ means a drug or medication used on 

23 a student to control behavior or restrict freedom of 

24 movement that is not— 


jbell on DSKDVH8Z91PROD with BILLS
6 

HR 4247 RFS 

1 (A) prescribed by a licensed physician, or 

2 other qualified health professional acting under 

3 the scope of the professional’s authority under 

4 State law, for the standard treatment of a stu5 dent’s medical or psychiatric condition; and 

6 (B) administered as prescribed by the li7 censed physician or other qualified health pro8 fessional acting under the scope of the profes9 sional’s authority under State law. 

10 (2) EDUCATIONAL SERVICE AGENCY.—The 

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

12 given such term in section 9101(17) of the Elemen13 tary and Secondary Education Act of 1965 (20 

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

15 (3) ELEMENTARY SCHOOL.—The term ‘‘elemen16 tary school’’ has the meaning given the term in sec17 tion 9101(18) of the Elementary and Secondary 

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

19 (4) LOCAL EDUCATIONAL AGENCY.—The term 

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

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

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

23 7801(26)). 

24 (5) MECHANICAL RESTRAINT.—The term ‘‘me25 chanical restraint’’ has the meaning given the term 


jbell on DSKDVH8Z91PROD with BILLS
7 

HR 4247 RFS 

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

2 Act (42 U.S.C. 290jj(d)(1)), except that the mean3 ing shall be applied by substituting ‘‘student’s’’ for 

4 ‘‘resident’s’’. 

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

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

7 Elementary and Secondary Education Act of 1965 

8 (20 U.S.C. 7801(31)). 

9 (7) PHYSICAL ESCORT.—The term ‘‘physical es10 cort’’ has the meaning given the term in section 

11 595(d)(2) of the Public Health Service Act (42 

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

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

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

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

16 595(d)(3) of the Public Health Service Act (42 

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

18 (9) POSITIVE BEHAVIOR SUPPORTS.—The term 

19 ‘‘positive behavior supports’’ means a systematic ap20 proach to embed evidence-based practices and data21 driven decisionmaking to improve school climate and 

22 culture, including a range of systemic and individ23 ualized strategies to reinforce desired behaviors and 

24 diminish reoccurrence of problem behaviors, in order 

25 to achieve improved academic and social outcomes 


jbell on DSKDVH8Z91PROD with BILLS
8 

HR 4247 RFS 

1 and increase learning for all students, including 

2 those with the most complex and intensive behav3 ioral needs. 

4 (10) PROTECTION AND ADVOCACY SYSTEM.— 

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

6 a protection and advocacy system established under 

7 section 143 of the Developmental Disabilities Assist8 ance and Bill of Rights Act of 2000 (42 U.S.C. 

9 15043). 

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

11 entity— 

12 (A) that— 

13 (i) is a public or private— 

14 (I) day or residential elementary 

15 school or secondary school; or 

16 (II) early childhood, elementary 

17 school, or secondary school program 

18 that is under the jurisdiction of a 

19 school, local educational agency, edu20 cational service agency, or other edu21 cational institution or program; and 

22 (ii) receives, or serves students who 

23 receive, support in any form from any pro24 gram supported, in whole or in part, with 


jbell on DSKDVH8Z91PROD with BILLS
9 

HR 4247 RFS 

1 funds appropriated to the Department of 

2 Education; or 

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

4 the Department of the Interior. 

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

6 personnel’’ has the meaning— 

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

8 the Elementary and Secondary Education Act 

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

10 (B) given the term ‘‘school resource offi11 cer’’ in section 4151(11) of the Elementary and 

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

13 7161(11)). 

14 (13) SECONDARY SCHOOL.—The term ‘‘sec15 ondary school’’ has the meaning given the term in 

16 section 9101(38) of the Elementary and Secondary 

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

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

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

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

21 290jj(d)(4)). 

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

23 means the Secretary of Education. 

24 (16) STATE-APPROVED CRISIS INTERVENTION

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


jbell on DSKDVH8Z91PROD with BILLS
10 

HR 4247 RFS 

1 crisis intervention training program’’ means a train2 ing program approved by a State and the Secretary 

3 that, at a minimum, provides— 

4 (A) training in evidence-based techniques 

5 shown to be effective in the prevention of phys6 ical restraint and seclusion; 

7 (B) training in evidence-based techniques 

8 shown to be effective in keeping both school 

9 personnel and students safe when imposing 

10 physical restraint or seclusion; 

11 (C) evidence-based skills training related to 

12 positive behavior supports, safe physical escort, 

13 conflict prevention, understanding antecedents, 

14 de-escalation, and conflict management; 

15 (D) training in first aid and 

16 cardiopulmonary resuscitation; 

17 (E) information describing State policies 

18 and procedures that meet the minimum stand19 ards established by regulations promulgated 

20 pursuant to section 5(a); and 

21 (F) certification for school personnel in the 

22 techniques and skills described in subpara23 graphs (A) through (D), which shall be required 

24 to be renewed on a periodic basis. 


jbell on DSKDVH8Z91PROD with BILLS
11 

HR 4247 RFS 

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

8 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 section 11, 

12 except that in the case of a private school or private 

13 program, such term means a student enrolled in 

14 such school or program who receives support in any 

15 form from any program supported, in whole or in 

16 part, with funds appropriated to the Department of 

17 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 


jbell on DSKDVH8Z91PROD with BILLS
12 

HR 4247 RFS 

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; 


jbell on DSKDVH8Z91PROD with BILLS
13 

HR 4247 RFS 

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 crisis interven13 tion training program (as defined in sec14 tion 4(16)); or 

15 (ii) other school personnel in the case 

16 of a rare and clearly unavoidable emer17 gency circumstance when school personnel 

18 trained and certified as described in clause 

19 (i) are not immediately available due to the 

20 unforeseeable nature of the emergency cir21 cumstance; and 

22 (E) such physical restraint or seclusion 

23 end immediately upon the cessation of the con24 ditions described in subparagraphs (A) and (B). 


jbell on DSKDVH8Z91PROD with BILLS
14 

HR 4247 RFS 

1 (3) States, in consultation with local edu2 cational agencies and private school officials, shall 

3 ensure that a sufficient number of personnel are 

4 trained and certified by a State-approved crisis 

5 intervention training program (as defined in section 

6 4(16)) to meet the needs of the specific student pop7 ulation in each school. 

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

9 a planned intervention shall not be written into a 

10 student’s education plan, individual safety plan, be11 havioral plan, or individualized education program 

12 (as defined in section 602 of the Individuals with 

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

14 educational agencies or schools may establish poli15 cies and procedures for use of physical restraint or 

16 seclusion in school safety or crisis plans, provided 

17 that such school plans are not specific to any indi18 vidual student. 

19 (5) Schools shall establish procedures to be fol20 lowed after each incident involving the imposition of 

21 physical restraint or seclusion upon a student, in22 cluding— 

23 (A) procedures to provide to the parent of 

24 the student, with respect to each such inci25 dent— 


jbell on DSKDVH8Z91PROD with BILLS
15 

HR 4247 RFS 

1 (i) an immediate verbal or electronic 

2 communication on the same day as each 

3 such incident; and 

4 (ii) within 24 hours of each such inci5 dent, written notification; and 

6 (B) any other procedures the Secretary de7 termines appropriate. 

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

9 of the Interior shall ensure that schools operated or fund10 ed by the Department of the Interior comply with the reg11 ulations promulgated by the Secretary under subsection 

12 (a). 

13 (c) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to authorize the Secretary to pro15 mulgate regulations prohibiting the use of— 

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

17 (2) devices implemented by trained school per18 sonnel, or utilized by a student, for the specific and 

19 approved therapeutic or safety purposes for which 

20 such devices were designed and, if applicable, pre21 scribed, including— 

22 (A) restraints for medical immobilization; 

23 (B) adaptive devices or mechanical sup24 ports used to achieve proper body position, bal25 ance, or alignment to allow greater freedom of 


jbell on DSKDVH8Z91PROD with BILLS
16 

HR 4247 RFS 

1 mobility than would be possible without the use 

2 of such devices or mechanical supports; or 

3 (C) vehicle safety restraints when used as 

4 intended during the transport of a student in a 

5 moving vehicle; or 

6 (3) handcuffs by school resource officers (as 

7 such term is defined in section 4151(11) of the Ele8 mentary and Secondary Education Act of 1965 (20 

9 U.S.C. 7161(11)))— 

10 (A) in the— 

11 (i) case when a student’s behavior 

12 poses an imminent danger of physical in13 jury to the student, school personnel, or 

14 others; or 

15 (ii) lawful exercise of law enforcement 

16 duties; and 

17 (B) less restrictive interventions would be 

18 ineffective. 

19 SEC. 6. STATE PLAN AND REPORT REQUIREMENTS AND EN20 FORCEMENT. 

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

22 Secretary promulgates regulations pursuant to section 

23 5(a), and each year thereafter, each State educational 

24 agency shall submit to the Secretary a State plan that pro25 vides— 


jbell on DSKDVH8Z91PROD with BILLS
17 

HR 4247 RFS 

1 (1) assurances to the Secretary that the State 

2 has in effect— 

3 (A) State policies and procedures that 

4 meet the minimum standards, including the 

5 standards with respect to State-approved crisis 

6 intervention training programs, established by 

7 regulations promulgated pursuant to section 

8 5(a); and 

9 (B) a State mechanism to effectively mon10 itor and enforce the minimum standards; 

11 (2) a description of the State policies and pro12 cedures, including a description of the State-ap13 proved crisis intervention training programs in such 

14 State; and 

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

16 school personnel and parents, including private 

17 school personnel and parents, are aware of the State 

18 policies and procedures. 

19 (b) REPORTING.— 

20 (1) REPORTING REQUIREMENTS.—Not later 

21 than 2 years after the date the Secretary promul22 gates regulations pursuant to section 5(a), and each 

23 year thereafter, each State educational agency shall 

24 (in compliance with the requirements of section 444 

25 of the General Education Provisions Act (commonly 


jbell on DSKDVH8Z91PROD with BILLS
18 

HR 4247 RFS 

1 known as the ‘‘Family Educational Rights and Pri2 vacy Act of 1974’’) (20 U.S.C. 1232g)) prepare and 

3 submit to the Secretary, and make available to the 

4 public, a report with respect to each local edu5 cational agency, and each school not under the juris6 diction of a local educational agency, located in the 

7 same State as such State educational agency that in8 cludes the information described in paragraph (2). 

9 (2) INFORMATION REQUIREMENTS.— 

10 (A) GENERAL INFORMATION REQUIRE11 MENTS.—The report described in paragraph (1) 

12 shall include information on— 

13 (i) the total number of incidents in 

14 the preceding full-academic year in which 

15 physical restraint was imposed upon a stu16 dent; and 

17 (ii) the total number of incidents in 

18 the preceding full-academic year in which 

19 seclusion was imposed upon a student. 

20 (B) DISAGGREGATION.— 

21 (i) GENERAL DISAGGREGATION RE22 QUIREMENTS.—The information described 

23 in subparagraph (A) shall be disaggregated 

24 by— 


jbell on DSKDVH8Z91PROD with BILLS
19 

HR 4247 RFS 

1 (I) the total number of incidents 

2 in which physical restraint or seclu3 sion was imposed upon a student— 

4 (aa) that resulted in injury; 

5 (bb) that resulted in death; 

6 and 

7 (cc) in which the school per8 sonnel imposing physical re9 straint or seclusion were not 

10 trained and certified as described 

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

12 (II) the demographic characteris13 tics of all students upon whom phys14 ical restraint or seclusion was im15 posed, including— 

16 (aa) the categories identified 

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

18 Elementary and Secondary Edu19 cation Act of 1965 (20 U.S.C. 

20 6311(h)(1)(C)(i)); 

21 (bb) age; and 

22 (cc) disability status (which 

23 has the meaning given the term 

24 ‘‘individual with a disability’’ in 

25 section 7(20) of the RehabilitaVerDate Nov 24 2008 23:35 Mar 04, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4247.RFS H4247

jbell on DSKDVH8Z91PROD with BILLS
20 

HR 4247 RFS 

1 tion Act of 1973 (29 U.S.C. 

2 705(20))). 

3 (ii) UNDUPLICATED COUNT; EXCEP4 TION.—The disaggregation required under 

5 clause (i) shall— 

6 (I) be carried out in a manner to 

7 ensure an unduplicated count of the— 

8 (aa) total number of inci9 dents in the preceding full-aca10 demic year in which physical re11 straint was imposed upon a stu12 dent; and 

13 (bb) total number of inci14 dents in the preceding full-aca15 demic year in which seclusion 

16 was imposed upon a student; and 

17 (II) not be required in a case in 

18 which the number of students in a 

19 category would reveal personally iden20 tifiable information about an indi21 vidual student. 

22 (c) ENFORCEMENT.— 

23 (1) IN GENERAL.— 


jbell on DSKDVH8Z91PROD with BILLS
21 

HR 4247 RFS 

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 the General Education Provisions Act (20 

23 U.S.C. 1234e). 

24 (B) CESSATION OF WITHHOLDING OF

25 FUNDS.—Whenever the Secretary determines 


jbell on DSKDVH8Z91PROD with BILLS
22 

HR 4247 RFS 

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 


jbell on DSKDVH8Z91PROD with BILLS
23 

HR 4247 RFS 

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. 


jbell on DSKDVH8Z91PROD with BILLS
24 

HR 4247 RFS 

1 (e) PRIVATE SCHOOL PARTICIPATION.— 

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

3 receiving subgrant funds under this section shall, 

4 after timely and meaningful consultation with appro5 priate private school officials, ensure that private 

6 school personnel can participate, on an equitable 

7 basis, in activities supported by grant or subgrant 

8 funds. 

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

10 of funds provided under this section, and title to ma11 terials, equipment, and property purchased with 

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

13 agency shall administer such funds, materials, equip14 ment, and property. 

15 (f) REQUIRED ACTIVITIES.—A State educational 

16 agency receiving a grant, or a local educational agency re17 ceiving a subgrant, under this section shall use such grant 

18 or subgrant funds to carry out the following: 

19 (1) Researching, developing, implementing, and 

20 evaluating strategies, policies, and procedures to pre21 vent and reduce physical restraint and seclusion in 

22 schools, consistent with the minimum standards es23 tablished by regulations promulgated by the Sec24 retary pursuant to section 5(a). 


jbell on DSKDVH8Z91PROD with BILLS
25 

HR 4247 RFS 

1 (2) Providing professional development, train2 ing, and certification for school personnel to meet 

3 such standards. 

4 (3) Carrying out the reporting requirements 

5 under section 6(b) and analyzing the information in6 cluded in a report prepared under such section to 

7 identify student, school personnel, and school needs 

8 related to use of physical restraint and seclusion. 

9 (g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addi10 tion to the required activities described in subsection (f), 

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

12 educational agency receiving a subgrant, under this sec13 tion may use such grant or subgrant funds for one or more 

14 of the following: 

15 (1) Developing and implementing high-quality 

16 professional development and training programs to 

17 implement evidence-based systematic approaches to 

18 school-wide positive behavior supports, including im19 proving coaching, facilitation, and training capacity 

20 for administrators, teachers, specialized instructional 

21 support personnel, and other staff. 

22 (2) Providing technical assistance to develop 

23 and implement evidence-based systematic approaches 

24 to school-wide positive behavior supports, including 

25 technical assistance for data-driven decision-making 


jbell on DSKDVH8Z91PROD with BILLS
26 

HR 4247 RFS 

1 related to behavioral supports and interventions in 

2 the classroom. 

3 (3) Researching, evaluating, and disseminating 

4 high-quality evidence-based programs and activities 

5 that implement school-wide positive behavior sup6 ports with fidelity. 

7 (4) Supporting other local positive behavior 

8 support implementation activities consistent with 

9 this subsection. 

10 (h) EVALUATION AND REPORT.—Each State edu11 cational agency receiving a grant under this section shall, 

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

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

14 prevention and reduction of physical restraint and 

15 seclusion in the schools located in the State, con16 sistent with the minimum standards established by 

17 regulations promulgated by the Secretary pursuant 

18 to section 5(a); and 

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

20 progress. 

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

22 amount appropriated under section 12, the Secretary may 

23 allocate funds to the Secretary of the Interior for activities 

24 under this section with respect to schools operated or 


jbell on DSKDVH8Z91PROD with BILLS
27 

HR 4247 RFS 

1 funded by the Department of the Interior, under such 

2 terms as the Secretary of Education may prescribe. 

3 SEC. 8. NATIONAL ASSESSMENT. 

4 (a) NATIONAL ASSESSMENT.—The Secretary shall 

5 carry out a national assessment to determine the effective6 ness of this Act, which shall include— 

7 (1) analyzing data related to physical restraint 

8 and seclusion incidents; 

9 (2) analyzing the effectiveness of Federal, 

10 State, and local efforts to prevent and reduce the 

11 number of physical restraint and seclusion incidents 

12 in schools; 

13 (3) identifying the types of programs and serv14 ices that have demonstrated the greatest effective15 ness in preventing and reducing the number of phys16 ical restraint and seclusion incidents in schools; and 

17 (4) identifying evidence-based personnel train18 ing models with demonstrated success in preventing 

19 and reducing the number of physical restraint and 

20 seclusion incidents in schools, including models that 

21 emphasize positive behavior supports and de-esca22 lation techniques over physical intervention. 

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

24 Committee on Education and Labor of the House of RepVerDate Nov 24 2008 23:35 Mar 04, 2010 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4247.RFS H4247

jbell on DSKDVH8Z91PROD with BILLS
28 

HR 4247 RFS 

1 resentatives and the Committee on Health, Education, 

2 Labor, and Pensions of the Senate— 

3 (1) an interim report that summarizes the pre4 liminary findings of the assessment described in sub5 section (a) not later than 3 years after the date of 

6 enactment of this Act; and 

7 (2) a final report of the findings of the assess8 ment not later than 5 years after the date of the en9 actment of this Act. 

10 SEC. 9. PROTECTION AND ADVOCACY SYSTEMS. 

11 Protection and Advocacy Systems shall have the au12 thority provided under section 143 of the Developmental 

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

14 U.S.C. 15043) to investigate, monitor, and enforce protec15 tions provided for students under this Act. 

16 SEC. 10. HEAD START PROGRAMS. 

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

18 Human Services, in consultation with the Secretary, shall 

19 promulgate regulations with respect to Head Start agen20 cies administering Head Start programs under the Head 

21 Start Act (42 U.S.C. 9801 et seq.) that establish require22 ments consistent with— 

23 (1) the requirements established by regulations 

24 promulgated pursuant to section 5(a); and 


jbell on DSKDVH8Z91PROD with BILLS
29 

HR 4247 RFS 

1 (2) the reporting and enforcement requirements 

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

3 (b) GRANT AUTHORITY.—From the amount appro4 priated under section 12, the Secretary may allocate funds 

5 to the Secretary of Health and Human Services to assist 

6 the Head Start agencies in establishing, implementing, 

7 and enforcing policies and procedures to meet the require8 ments established by regulations promulgated pursuant to 

9 subsection (a). 

10 SEC. 11. LIMITATION OF AUTHORITY. 

11 (a) IN GENERAL.—Nothing in this Act shall be con12 strued to restrict or limit, or allow the Secretary to restrict 

13 or limit, any other rights or remedies otherwise available 

14 to students or parents under Federal or State law or regu15 lation. 

16 (b) APPLICABILITY.— 

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

18 shall be construed to affect any private school that 

19 does not receive, or does not serve students who re20 ceive, support in any form from any program sup21 ported, in whole or in part, with funds appropriated 

22 to the Department of Education. 

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

24 be construed to— 


jbell on DSKDVH8Z91PROD with BILLS
30 

HR 4247 RFS 

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

2 home school is treated as a private school or 

3 home school under State law; or 

4 (B) consider parents who are schooling a 

5 child at home as school personnel. 

6 SEC. 12. 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 2011 and each of the 4 succeeding fiscal years. 

10 SEC. 13. PRESUMPTION OF CONGRESS RELATING TO COM11 PETITIVE PROCEDURES. 

12 (a) PRESUMPTION.—It is the presumption of Con13 gress that grants awarded under this Act will be awarded 

14 using competitive procedures based on merit. 

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

16 under this Act using procedures other than competitive 

17 procedures, the Secretary shall submit to Congress a re18 port explaining why competitive procedures were not used. 

19 SEC. 14. PROHIBITION ON EARMARKS. 

20 None of the funds appropriated to carry out this Act 

21 may be used for a congressional earmark as defined in 


jbell on DSKDVH8Z91PROD with BILLS
31 

HR 4247 RFS 

1 clause 9e, of Rule XXI of the rules of the House of Rep2 resentatives of the 111th Congress. 

Passed the House of Representatives March 3, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jbell on DSKDVH8Z91PROD with BILLS