I 

116TH CONGRESS 

2D SESSION H. R. 8782 

To prohibit and prevent seclusion, mechanical restraint, chemical restraint, 

and dangerous restraints that restrict breathing, and to prevent and 

reduce the use of physical restraint in schools, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2020 

Mr. BEYER (for himself, Mr. MCEACHIN, Mr. SCOTT of Virginia, Mr. CONNOLLY, Mr. DANNY K. DAVIS of Illinois, Ms. NORTON, Mrs. DAVIS of 

California, Mr. KRISHNAMOORTHI, Ms. JAYAPAL, Mr. LARSON of Connecticut, Mr. SEAN PATRICK MALONEY of New York, Mr. TONKO, Ms. 

PINGREE, Mrs. NAPOLITANO, Ms. MOORE, Mr. CA ́RDENAS, Mr. GOMEZ, 

Mr. LANGEVIN, Mr. KENNEDY, Mr. DESAULNIER, Ms. WILSON of Florida, Mr. ESPAILLAT, Mrs. HAYES, Ms. LEE of California, Mr. HIMES, 

Mr. TAKANO, Mrs. CAROLYN B. MALONEY of New York, Ms. CLARK of 

Massachusetts, Mr. COHEN, Mr. MCGOVERN, Mr. JOHNSON of Georgia, 

Ms. MCCOLLUM, Ms. SCHAKOWSKY, Ms. MATSUI, Mr. PRICE of North 

Carolina, Mr. SERRANO, Mrs. BUSTOS, Mr. GRIJALVA, Mr. SABLAN, Ms. 

DEAN, Ms. WILD, Mr. LOWENTHAL, Mrs. BEATTY, Ms. HAALAND, Ms. 

MENG, Mr. CASTEN of Illinois, Ms. BLUNT ROCHESTER, Ms. ADAMS, Mr. 

LEVIN of Michigan, Mr. TRONE, Ms. WEXTON, Mr. BROWN of Maryland, 

Mr. BISHOP of Georgia, Mr. HASTINGS, Ms. PORTER, Mr. SUOZZI, and 

Ms. FUDGE) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on 

Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit and prevent seclusion, mechanical restraint, 

chemical restraint, and dangerous restraints that restrict 


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breathing, and to prevent and reduce the use of physical 

restraint 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Keeping All Students Safe Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—PROHIBITIONS ON RESTRAINT AND SECLUSION AND 

ADDITIONAL REQUIREMENTS 

Sec. 101. Prohibition, additional requirements. 

TITLE II—STATE PLAN, REPORTING REQUIREMENTS, AND 

GRANTS FOR STATE EDUCATIONAL AGENCIES 

Sec. 201. Definitions. 

Sec. 202. State plan; reporting requirements. 

Sec. 203. Grants for State educational agencies. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. National assessment. 

Sec. 302. Protection and advocacy systems. 

Sec. 303. Schools operated or funded by the Department of the Interior or the 

Department of Defense. 

Sec. 304. Rule of construction. 

Sec. 305. Applicability to private schools and home schools. 

Sec. 306. Severability. 

Sec. 307. Authorization of appropriations. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) CHEMICAL RESTRAINT.—The term ‘‘chem11 ical restraint’’ means a drug or medication used on 


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1 a student to control behavior or restrict freedom of 

2 movement that is not— 

3 (A) prescribed by a licensed physician, or 

4 other qualified health professional acting under 

5 the scope of the professional’s authority under 

6 State law, for the standard treatment of a stu7 dent’s medical or psychiatric condition; and 

8 (B) administered as prescribed by the li9 censed physician or other qualified health pro10 fessional acting under the scope of the profes11 sional’s authority under State law. 

12 (2) ESEA TERMS.—The terms ‘‘early childhood 

13 education program’’, ‘‘educational service agency’’, 

14 ‘‘elementary school’’, ‘‘local educational agency’’, 

15 ‘‘other staff’’, ‘‘paraprofessional’’, ‘‘parent’’, ‘‘school 

16 leader’’, ‘‘secondary school’’, ‘‘specialized instruc17 tional support personnel’’, ‘‘State’’, and ‘‘State edu18 cational agency’’ have the meanings given the terms 

19 in section 8101 of the Elementary and Secondary 

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

21 (3) MECHANICAL RESTRAINT.—The term ‘‘me22 chanical restraint’’ means the use of devices as a 

23 means of restricting a student’s freedom of move24 ment. 


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

3 the hand, wrist, arm, shoulder, or back for the pur4 pose of inducing a student who is acting out to walk 

5 to a safe location. 

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

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

9 the individual’s arms, legs, torso, or head freely, ex10 cept that such term does not include a physical es11 cort, mechanical restraint, or chemical restraint. 

12 (6) POSITIVE BEHAVIORAL INTERVENTIONS

13 AND SUPPORTS.—The term ‘‘positive behavioral 

14 interventions and supports’’— 

15 (A) means a schoolwide, systematic ap16 proach that embeds evidence-based practices 

17 and data-driven decision making to improve 

18 school climate and culture in order to achieve 

19 improved academic and social outcomes and in20 crease learning for all students (including stu21 dents with the most complex and intensive be22 havioral needs); and 

23 (B) encompasses a range of systemic and 

24 individualized positive strategies to teach and 

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1 couraging and diminishing undesirable behav2 iors. 

3 (7) PROGRAM.—The term ‘‘program’’ means— 

4 (A) all of the operations of a local edu5 cational agency, system of vocational education, 

6 or other school system; 

7 (B) a program that serves children who re8 ceive services for which financial assistance is 

9 provided in accordance with the Head Start Act 

10 (42 U.S.C. 9831 et seq.); or 

11 (C) an elementary school or secondary 

12 school that is not a public school that enrolls a 

13 student who receives special education and re14 lated services under the Individuals with Dis15 abilities Education Act (20 U.S.C. 1400 et 

16 seq.). 

17 (8) PROGRAM PERSONNEL.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), the term ‘‘program personnel’’ 

20 means any agent of a program, including an in21 dividual who is employed by a program, or who 

22 performs services for a program on a contrac23 tual basis, including— 

24 (i) school leaders; 

25 (ii) teachers; 


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1 (iii) specialized instructional support 

2 personnel; 

3 (iv) paraprofessionals; or 

4 (v) other staff. 

5 (B) EXCLUSION.—Notwithstanding sub6 paragraph (A), program personnel shall not in7 clude a school resource officer or a school secu8 rity guard. 

9 (9) PROTECTION AND ADVOCACY SYSTEM.—The 

10 term ‘‘protection and advocacy system’’ means a 

11 protection and advocacy system established under 

12 section 143 of the Developmental Disabilities Assist13 ance and Bill of Rights Act of 2000 (42 U.S.C. 

14 15043). 

15 (10) SCHOOL RESOURCE OFFICER.—The term 

16 ‘‘school resource officer’’ means a sworn law enforce17 ment officer who is— 

18 (A) assigned by the employing police de19 partment to a program; 

20 (B) contracting with a program; or 

21 (C) employed by a program. 

22 (11) SCHOOL SECURITY GUARD.—The term 

23 ‘‘school security guard’’ means an individual who is 

24 not a sworn law enforcement officer and who is re25 sponsible for addressing one or more of the following 


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1 safety and crime prevention activities in and around 

2 a program: 

3 (A) Assisting program personnel in safety 

4 incidents. 

5 (B) Educating students in crime and ille6 gal drug use prevention and safety. 

7 (C) Developing or expanding community 

8 justice initiatives for students. 

9 (D) Training students in conflict resolution 

10 and supporting restorative justice programs. 

11 (E) Serving as a liaison between the pro12 gram and outside agencies, including other law 

13 enforcement agencies. 

14 (F) Screening students or visitors to the 

15 program for prohibited items. 

16 (12) SECLUSION.—The term ‘‘seclusion’’ means 

17 the involuntary confinement of a student alone in a 

18 room or area from which the student is physically 

19 prevented from leaving, except that such term does 

20 not include a time out. 

21 (13) SECRETARY.—The term ‘‘Secretary’’ 

22 means the Secretary of Education. 

23 (14) SPECIAL EDUCATION SCHOOL.—The term 

24 ‘‘special education school’’ means a school that fo25 cuses primarily on serving the needs of students 


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1 with disabilities under the Individuals with Disabil2 ities Education Act (20 U.S.C. 1400 et seq.) or sec3 tion 504 of the Rehabilitation Act of 1973 (29 

4 U.S.C. 794). 

5 (15) STATE-APPROVED CRISIS INTERVENTION

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

7 crisis intervention training program’’ means a train8 ing program approved by a State and the Secretary 

9 that, at a minimum, provides— 

10 (A) training in evidence-based techniques 

11 shown to be effective in the prevention of phys12 ical restraint; 

13 (B) evidence-based skills training related 

14 to positive behavioral interventions and sup15 ports, safe physical escort, conflict prevention, 

16 understanding antecedents, de-escalation, and 

17 conflict management; 

18 (C) training in evidence-based techniques 

19 shown to be effective in keeping both school 

20 personnel and students safe when imposing 

21 physical restraint; 

22 (D) training in first aid and 

23 cardiopulmonary resuscitation; 


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1 (E) information describing State policies 

2 and procedures to ensure compliance with sec3 tion 101; and 

4 (F) certification for school personnel, 

5 school resource officers, and school security 

6 guards in the techniques and skills described in 

7 subparagraphs (A) through (D), which shall be 

8 required to be renewed on a periodic basis. 

9 (16) STUDENT.—The term ‘‘student’’ means— 

10 (A) for purposes of title I, a student en11 rolled in a program; and 

12 (B) for purposes of title II, a student en13 rolled in an elementary school or secondary 

14 school. 

15 (17) TIME OUT.— 

16 (A) IN GENERAL.—The term ‘‘time out’’ 

17 means a behavior management technique that 

18 may involve the separation of the student from 

19 the group or classroom in a non-locked setting. 

20 (B) CLARIFICATION.—The term ‘‘time 

21 out’’ does not include— 

22 (i) seclusion; or 

23 (ii) a separation of the student de24 scribed in subparagraph (A) from which 


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1 such student is physically or otherwise pro2 hibited from leaving. 

3 TITLE I—PROHIBITIONS ON RE4 STRAINT AND SECLUSION 

5 AND ADDITIONAL REQUIRE6 MENTS 

7 SEC. 101. PROHIBITION, ADDITIONAL REQUIREMENTS. 

8 (a) PROHIBITION.—No student shall be subjected to 

9 unlawful seclusion or restraint by program personnel, a 

10 school resource officer, or a school security guard, while 

11 attending any program that receives Federal financial as12 sistance. 

13 (b) UNLAWFUL SECLUSION OR RESTRAINT DE14 FINED.— 

15 (1) IN GENERAL.—In this section, the term 

16 ‘‘unlawful seclusion or restraint’’ means— 

17 (A) seclusion; 

18 (B) mechanical restraint; 

19 (C) chemical restraint; 

20 (D) physical restraint or physical escort 

21 that is life threatening, that restricts breathing, 

22 or that restricts blood flow to the brain, includ23 ing prone and supine restraint; 

24 (E) physical restraint that is contra25 indicated based on the student’s disability, 


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1 health care needs, or medical or psychiatric con2 dition, as documented in— 

3 (i) a health care directive or medical 

4 management plan; 

5 (ii) a behavior intervention plan; 

6 (iii) an individualized education pro7 gram or an individualized family service 

8 plan (as defined in section 602 of the Indi9 viduals with Disabilities Education Act (20 

10 U.S.C. 1401)); 

11 (iv) a plan developed pursuant to sec12 tion 504 of the Rehabilitation Act of 1973 

13 (29 U.S.C. 794) or title II of the Ameri14 cans with Disabilities Act of 1990 (42 

15 U.S.C. 12131 et seq.); or 

16 (v) another relevant record made 

17 available to the State or program involved; 

18 or 

19 (F) physical restraint that is not in compli20 ance with subsection (e)(1). 

21 (2) NOT INCLUDED.—The term ‘‘unlawful se22 clusion or restraint’’ shall not include— 

23 (A) a time out; or 

24 (B) a device implemented by trained school 

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1 cific and approved therapeutic or safety pur2 poses for which such devices were designed and, 

3 if applicable, prescribed, provided that such de4 vices are not used to purposefully cause a stu5 dent pain as a means of behavioral modifica6 tion, including— 

7 (i) restraints for medical immobiliza8 tion; 

9 (ii) adaptive devices or mechanical 

10 supports used to achieve proper body posi11 tion, balance, or alignment to allow greater 

12 freedom of mobility than would be possible 

13 without the use of such devices or mechan14 ical supports; or 

15 (iii) vehicle safety restraints when 

16 used as intended during the transport of a 

17 student in a moving vehicle. 

18 (c) PRIVATE RIGHT OF ACTION.— 

19 (1) IN GENERAL.—A student who has been sub20 jected to unlawful seclusion or restraint in violation 

21 of subsection (a), or the parent of such student, may 

22 file a civil action against the program under which 

23 the violation is alleged to have occurred in an appro24 priate district court of the United States or in State 


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1 court for declaratory judgement, injunctive relief, 

2 compensatory relief, attorneys’ fees, or expert fees. 

3 (2) LIMITATION ON LIABILITY.—Program per4 sonnel shall not be liable to any person in a pro5 ceeding described in paragraph (1) or in an arbitra6 tion proceeding for a violation of subsection (a). 

7 (3) NO SOVEREIGN IMMUNITY.—No program 

8 shall be immune under the Eleventh Amendment of 

9 the Constitution of the United States from suit in 

10 Federal or State court for a violation of subsection 

11 (a) of this section. 

12 (d) ENFORCEMENT.— 

13 (1) INVESTIGATIONS.— 

14 (A) IN GENERAL.—The Secretary shall ad15 dress any complaints alleging a violation of sub16 section (a) by an entity described in subpara17 graph (A) or (C) of section 2(7) for an appro18 priate investigation. 

19 (B) HEAD START.—The Secretary of 

20 Health and Human Services shall address any 

21 complaints alleging a violation of subsection (a) 

22 by an entity described in section 2(7)(B) for an 

23 appropriate investigation. 

24 (2) WITHHOLDING PAYMENTS.—In the event a 

25 student has been subjected to unlawful seclusion or 


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1 restraint in violation of subsection (a), the Secretary 

2 shall withhold from the program under which the 

3 violation occurred, in whole or in part, further pay4 ments (including payments for administrative costs) 

5 in accordance with section 455 of the General Edu6 cation Provisions Act (20 U.S.C. 1234d). 

7 (3) HEAD START PROGRAMS.—The Secretary of 

8 Health and Human Services, in coordination with 

9 the Secretary, shall— 

10 (A) ensure that entities described in sec11 tion 2(7)(B) meet the requirements described in 

12 subsection (e); 

13 (B) promulgate regulations with respect to 

14 how the reporting requirements described in 

15 section 202(b) shall be carried out with respect 

16 to Head Start agencies (including Early Head 

17 Start agencies) under the Head Start Act (42 

18 U.S.C. 9801 et seq.); and 

19 (C) in the event a student served by a pro20 gram that serves children who receive services 

21 for which financial assistance is provided in ac22 cordance with the Head Start Act (42 U.S.C. 

23 9831 et seq.) has been subjected to unlawful se24 clusion or restraint in violation of subsection 

25 (a), withhold from the program under which the 


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1 violation occurred, in whole or in part, further 

2 payments (including payments for administra3 tive costs) in accordance with section 646 of the 

4 Head Start Act (42 U.S.C. 9841). 

5 (e) ADDITIONAL REQUIREMENTS.—The Secretary 

6 shall ensure that each program that receives Federal fi7 nancial assistance meets the following requirements: 

8 (1) PHYSICAL RESTRAINT.—The use of physical 

9 restraint by any program personnel, a school secu10 rity guard, or a school resource officer shall be con11 sidered in compliance with the requirements of this 

12 subsection only if each of the following requirements 

13 are met: 

14 (A) The student’s behavior poses an immi15 nent danger of serious physical injury to the 

16 student, program personnel, a school security 

17 guard, a school resource officer, or another in18 dividual. 

19 (B) Before using physical restraint, less 

20 restrictive interventions would be ineffective in 

21 stopping such imminent danger of serious phys22 ical injury. 

23 (C) Such physical restraint is imposed 

24 by— 


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1 (i) program personnel, a school secu2 rity guard, or a school resource officer 

3 trained and certified by a State-approved 

4 crisis intervention training program; or 

5 (ii) program personnel, a school secu6 rity guard, or a school resource officer not 

7 trained and certified as described in clause 

8 (i), in the case of a rare and clearly un9 avoidable emergency circumstance when 

10 program personnel, a school security 

11 guard, or a school resource officer trained 

12 and certified as described in clause (i) is 

13 not immediately available due to the un14 foreseeable nature of the emergency cir15 cumstance. 

16 (D) Such physical restraint ends imme17 diately upon the cessation of the imminent dan18 ger of serious physical injury to the student, 

19 any program personnel, a school security guard, 

20 a school resource officer, or another individual. 

21 (E) The physical restraint does not inter22 fere with the student’s ability to communicate 

23 in the student’s primary language or primary 

24 mode of communication. 


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1 (F) During the physical restraint, the least 

2 amount of force necessary is used to protect the 

3 student or others from the threatened injury. 

4 (2) TRAINING.—Each State, in consultation 

5 with program officials and State Directors of Head 

6 Start Collaboration (as described in section 642B of 

7 the Head Start Act (42 U.S.C. 9837b)), shall ensure 

8 that a sufficient number of program personnel are 

9 trained and certified by a State-approved crisis 

10 intervention training program to meet the needs of 

11 the specific student population in each program. 

12 (3) PROHIBITION ON PLANNED INTERVEN13 TION.—The use of physical restraint as a planned 

14 intervention shall not be written into a student’s 

15 education plan, individual safety plan, behavioral 

16 intervention plan, or individualized education pro17 gram (as defined in section 602 of the Individuals 

18 with Disabilities Education Act (20 U.S.C. 1401)), 

19 except that a program may establish policies and 

20 procedures for use of physical restraint in program 

21 safety or crisis plans, provided that such a plan is 

22 not specific to any individual student. 

23 (4) PROCEDURES FOLLOWING PHYSICAL RE24 STRAINT.—Each program shall establish procedures 

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1 tion of physical restraint upon a student, which shall 

2 include each of the following: 

3 (A) Procedures to provide to the parent of 

4 the student, with respect to such incident— 

5 (i) an immediate verbal or electronic 

6 communication, as soon as is practicable 

7 and not later than the same day as the in8 cident; and 

9 (ii) written notification, as soon as is 

10 practicable, and not later than 24 hours 

11 after the incident that shall include, at 

12 minimum— 

13 (I) a description of the incident, 

14 including precipitating events; 

15 (II) positive interventions used 

16 prior to restraint; 

17 (III) the length of time of re18 straint; and 

19 (IV) a description of the serious 

20 physical injury of the student or oth21 ers that occurred or was about to 

22 occur that necessitated the use of re23 straint. 

24 (B) A meeting between parents of the stu25 dent and the program, as soon as is practicable, 


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1 and not later than 5 school days following the 

2 incident (unless such meeting is delayed by 

3 written mutual agreement of the parent and 

4 program)— 

5 (i) which meeting shall include, at a 

6 minimum— 

7 (I) the parent of such student; 

8 (II) the student involved (if ap9 propriate); 

10 (III) the program personnel, 

11 school resource officer, or school secu12 rity guard who imposed the restraint; 

13 (IV) a teacher of such student; 

14 (V) a program leader of such stu15 dent; and 

16 (VI) an expert on behavior inter17 ventions, who may be a special edu18 cation teacher; 

19 (ii) the purpose of which shall be to 

20 discuss the incident, as described by both 

21 the student and the program personnel, 

22 school resource officer, or school security 

23 guard involved, including— 

24 (I) any precipitating events; 


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1 (II) how the incident occurred; 

2 and 

3 (III) prior positive behavioral 

4 interventions and supports used to de5 escalate the situation; and 

6 (iii) which meeting shall include— 

7 (I) the discussion of proactive 

8 strategies to prevent future need for 

9 the use of physical restraint; 

10 (II)(aa) for a student identified 

11 as eligible to receive accommodations 

12 under section 504 of the Rehabilita13 tion Act of 1973 (29 U.S.C. 794) or 

14 title II of the Americans with Disabil15 ities Act of 1990 (42 U.S.C. 12131 et 

16 seq.), or accommodations or special 

17 education or related services under 

18 the Individuals with Disabilities Edu19 cation Act (20 U.S.C. 1400 et seq.), 

20 a discussion of the need for a func21 tional behavioral assessment and a be22 havior intervention plan; or 

23 (bb) for a student not identified 

24 as eligible to receive accommodations 

25 under the provisions of law described 


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1 in item (aa), evidence of a referral for 

2 such accommodations or special edu3 cation or related services, or docu4 mentation of the basis for declining to 

5 make such a referral for the student; 

6 and 

7 (III) providing to the parent, for 

8 use during the meeting, a written 

9 statement from each adult witness 

10 who was in the proximity of the stu11 dent immediately before and during 

12 the time of the physical restraint, but 

13 was not directly involved in such re14 straint. 

15 TITLE II—STATE PLAN, REPORT16 ING REQUIREMENTS, AND 

17 GRANTS FOR STATE EDU18 CATIONAL AGENCIES 

19 SEC. 201. DEFINITIONS. 

20 In this title: 

21 (1) SCHOOL.—The term ‘‘school’’ means an ele22 mentary school, secondary school, or special edu23 cation school. 

24 (2) HEAD START PROGRAM.—The term ‘‘Head 

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1 dren who receive services for which financial assist2 ance is provided in accordance with the Head Start 

3 Act (42 U.S.C. 9831 et seq.). 

4 SEC. 202. STATE PLAN; REPORTING REQUIREMENTS. 

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

6 date of enactment of this Act and each year thereafter, 

7 each State educational agency shall submit to the Sec8 retary a State plan that provides— 

9 (1) demonstrations to the Secretary that the 

10 State has in effect— 

11 (A) State policies and procedures that 

12 comply with section 101, including with respect 

13 to State-approved crisis intervention training 

14 programs; and 

15 (B) a State mechanism to effectively mon16 itor and enforce compliance with section 101; 

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

20 State and how the State ensures accurate and timely 

21 reporting to the Department of Education; 

22 (3) a description of the State plan to ensure 

23 program personnel, students, and parents (including 

24 private school personnel, students, and parents) are 

25 aware of the State policies and procedures; 


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1 (4) a description of the State activities de2 scribed in the State’s plan under section 1111(g) of 

3 the Elementary and Secondary Education Act of 

4 1965 (20 U.S.C. 6311(g)) that reduce aversive be5 havioral interventions and improve school conditions; 

6 (5) for public comment— 

7 (A) not less than 60 days prior to submis8 sion of the State plan, which shall provide 

9 stakeholders with the opportunity to provide 

10 written comments on the State plan, which 

11 shall be included in the State plan, including— 

12 (i) how the policies and procedures 

13 comply with section 101; 

14 (ii) the policies and procedures related 

15 to State-approved crisis intervention pro16 grams; 

17 (iii) training provided to program per18 sonnel; and 

19 (iv) notification procedures for par20 ents; and 

21 (B) notice of which shall be provided in an 

22 accessible format, which is compliant with the 

23 most recent Web Content Accessibility Guide24 lines, or successor guidelines, for stakeholders 

25 and posted on a website; 


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1 (6) written response to the public comments 

2 provided by stakeholders under paragraph (5); and 

3 (7) a description of State oversight of schools 

4 that includes— 

5 (A) monitoring use of restraint in the 

6 schools; 

7 (B) monitoring compliance with the prohi8 bition on seclusion in schools; 

9 (C) not less than every 6 months, discus10 sions between State educational agency officials 

11 and school leaders to examine the progress of 

12 reducing the use of physical restraint in 

13 schools; 

14 (D) not less than annual site visits to the 

15 special education schools in the State; and 

16 (E) technical assistance to focus on the use 

17 of proactive, positive behavioral interventions 

18 and supports. 

19 (b) REPORTING.— 

20 (1) REPORTING REQUIREMENTS.—Not later 

21 than 2 years after the date of enactment of this Act, 

22 and each year thereafter— 

23 (A) each State educational agency shall (in 

24 compliance with the requirements of section 

25 444 of the General Education Provisions Act 


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1 (commonly known as the Family Educational 

2 Rights and Privacy Act of 1974) (20 U.S.C. 

3 1232g)) prepare and submit to the Secretary, 

4 and make available to the public, a report that 

5 includes the information described in paragraph 

6 (2), with respect to each local educational agen7 cy, each special education school, and each 

8 school not under the jurisdiction of a local edu9 cational agency, located in the same State as 

10 such State educational agency; and 

11 (B) each Head Start agency (including 

12 each Early Head Start agency) designated 

13 under the Head Start Act (42 U.S.C. 9831 et 

14 seq.) shall prepare and submit to the Secretary 

15 and the Secretary of Health and Human Serv16 ices, and make available to the public, a report 

17 that includes the information described in para18 graph (2), except that— 

19 (i) such information shall be provided 

20 with respect to each program served by the 

21 agency and with respect to children en22 rolled in Head Start programs; and 

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1 clause (IV) of paragraph (2)(B)(i) shall 

2 not be required. 

3 (2) INFORMATION REQUIREMENTS.— 

4 (A) GENERAL INFORMATION REQUIRE5 MENTS.—The report described in paragraph (1) 

6 shall include with respect to physical restraint 

7 imposed upon students in the preceding full 

8 academic or program year— 

9 (i) the total number of such incidents; 

10 (ii) the total number of students upon 

11 whom such physical restraint was imposed; 

12 (iii) in the case in which such physical 

13 restraint was imposed more than twice on 

14 a student, the number of times such stu15 dent or child was so restrained; and 

16 (iv) the total number of such incidents 

17 where the use of physical restraint is re18 ferred to law enforcement. 

19 (B) DISAGGREGATION.— 

20 (i) GENERAL DISAGGREGATION RE21 QUIREMENTS.—The information described 

22 in subparagraph (A) shall be disaggregated 

23 as follows: 

24 (I) With respect to the total 

25 number of incidents in which physical 


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1 restraint was imposed upon a student, 

2 disaggregated by each of the fol3 lowing: 

4 (aa) By those that resulted 

5 in injury. 

6 (bb) By those that resulted 

7 in death. 

8 (cc) By those in which the 

9 program personnel imposing 

10 physical restraint was not trained 

11 and certified, as described in sec12 tion 101(e)(1)(C)(i). 

13 (II) By the demographic charac14 teristics of all students upon whom 

15 physical restraint was imposed, in16 cluding disaggregation— 

17 (aa) by each major racial 

18 and ethnic group, economically 

19 disadvantaged students as com20 pared to students who are not 

21 economically disadvantaged, 

22 English proficiency status, and 

23 sex; 

24 (bb) by students with an in25 dividualized education program 


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1 under section 614(d) of the Indi2 viduals with Disabilities Edu3 cation Act (20 U.S.C. 1414(d)); 

4 (cc) by students who have a 

5 plan developed pursuant to sec6 tion 504 of the Rehabilitation 

7 Act of 1973 (29 U.S.C. 794); 

8 and 

9 (dd) by students who have a 

10 plan developed pursuant to title 

11 II of the Americans with Disabil12 ities Act of 1990 (42 U.S.C. 

13 12131 et seq.). 

14 (III) By the total number of inci15 dents of physical restraint in which a 

16 school resource officer or school secu17 rity guard was involved, which may 

18 include the school resource officer or 

19 school security guard imposing the 

20 physical restraint or assisting with the 

21 physical restraint. 

22 (IV) By the type of school, in23 cluding disaggregation by special edu24 cation school, charter school, and pri25 vate school. 


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1 (ii) UNDUPLICATED COUNT; EXCEP2 TION.—The information and 

3 disaggregation required under subpara4 graphs (A) and (B) shall— 

5 (I) be carried out in a manner to 

6 ensure an unduplicated count of the 

7 total number of incidents in the pre8 ceding full academic year in which 

9 physical restraint was imposed upon a 

10 student; and 

11 (II) not be required in a case in 

12 which the number of students in a 

13 category would reveal personally iden14 tifiable information about an indi15 vidual student. 

16 SEC. 203. GRANTS FOR STATE EDUCATIONAL AGENCIES. 

17 (a) GRANTS AUTHORIZED.— 

18 (1) IN GENERAL.—From the amount appro19 priated under section 307 to carry out this section 

20 for a fiscal year, the Secretary shall award grants to 

21 State educational agencies with an application ap22 proved under subsection (c), on the basis of their 

23 relative need, as determined with the Secretary in 

24 accordance with paragraph (2), to assist the State 

25 educational agencies in— 


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1 (A) establishing, implementing, and enforc2 ing the policies and procedures that ensure 

3 compliance with section 101; 

4 (B) improving State and local capacity to 

5 collect and analyze data related to physical re6 straint; and 

7 (C) improving school climate and culture 

8 by implementing schoolwide positive behavioral 

9 interventions and supports, mental health sup10 ports, restorative justice programs, trauma-in11 formed care, and crisis and de-escalation inter12 ventions. 

13 (2) DETERMINATION OF RELATIVE NEED.—In 

14 determining the relative need of State educational 

15 agencies under paragraph (1), the Secretary shall 

16 consider— 

17 (A) the physical restraint and seclusion in18 cidents that occurred at a school served by the 

19 State educational agencies for the most recent 

20 academic year for which data are available; 

21 (B) the capacity needs of the State edu22 cational agency and the local educational agen23 cies served by the State educational agency to 

24 collect and analyze the data described in para25 graph (1)(B); and 


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1 (C) whether the State educational agency 

2 has been carrying out the activities described in 

3 paragraph (1)(C) and, if so, how the activities 

4 are being implemented. 

5 (3) REPORT.—The Secretary shall provide a re6 port to the Committee on Health, Education, Labor, 

7 and Pensions of the Senate and the Committee on 

8 Education and Labor of the House of Representa9 tives not later than 60 days after the date the Sec10 retary awards a grant to a State under this section 

11 detailing why the State was chosen and how the cri12 teria described in subparagraphs (A), (B), and (C) 

13 of paragraph (2) were applied to select the State. 

14 (b) DURATION OF GRANT.—A grant under this sec15 tion shall be awarded to a State educational agency for 

16 a 3-year period. 

17 (c) APPLICATION.— 

18 (1) IN GENERAL.—To be eligible to receive a 

19 grant under this section, each State educational 

20 agency desiring a grant shall submit an application 

21 to the Secretary at such time, in such manner, and 

22 accompanied by such information as the Secretary 

23 may require. 

24 (2) CONTENTS.—Each application submitted 

25 under paragraph (1) shall include— 


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1 (A) the total number of incidents in which 

2 physical restraint was imposed upon students 

3 for the most recent school year; 

4 (B) the total number of incidents in which 

5 seclusion was imposed upon students for the 

6 most recent school year; 

7 (C) a description of the State’s data collec8 tion policies and procedures; 

9 (D) a description of crisis intervention or 

10 prevention trainings used in the State to pre11 vent or reduce physical restraint and seclusion 

12 (if applicable); 

13 (E) a description of statewide initiatives 

14 regarding school climate and culture (if applica15 ble), such as schoolwide positive behavioral 

16 interventions and supports, mental health sup17 ports, restorative justice programs, trauma-in18 formed care, and crisis and de-escalation inter19 ventions; 

20 (F) a description of activities to be funded 

21 under the grant and the goals of such activities, 

22 including how the activities will eliminate seclu23 sion and reduce and prevent physical restraint; 

24 and 


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1 (G) a description of how the activities 

2 under the grant will coordinate and align with 

3 current Federal, State, and local policies, pro4 grams, or activities regarding seclusion and 

5 physical restraint, crisis intervention, and 

6 school climate or culture. 

7 (d) AUTHORITY TO MAKE SUBGRANTS.— 

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

9 receiving a grant under this section may use such 

10 grant funds to award subgrants, in the manner de11 termined by the State educational agency, to local 

12 educational agencies served by the State educational 

13 agency. 

14 (2) APPLICATION.—A local educational agency 

15 desiring to receive a subgrant under this section 

16 shall submit an application to the applicable State 

17 educational agency at such time, in such manner, 

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

20 (3) EARLY CHILDHOOD EDUCATION PROGRAM

21 PARTICIPATION.—A local educational agency receiv22 ing subgrant funds under this section shall ensure 

23 that educators working in an early childhood edu24 cation program, as defined in section 103 of the 

25 Higher Education Act of 1965 (20 U.S.C. 1003), 


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1 may participate, to the extent practicable, on an eq2 uitable basis in activities supported by subgrant 

3 funds under this section that are trainings on devel4 opmentally appropriate practices for meeting the 

5 needs of young children. 

6 (e) PRIVATE SCHOOL PARTICIPATION.— 

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

8 receiving subgrant funds under this section shall, 

9 after timely and meaningful consultation with appro10 priate private school officials, ensure that private 

11 school personnel may participate, on an equitable 

12 basis, in activities supported by subgrant funds 

13 under this section. 

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

15 of grant and subgrant funds under this section, and 

16 title to materials, equipment, and property pur17 chased with such funds, shall be in a public agency 

18 for the uses and purposes provided in this Act, and 

19 a public agency shall administer such funds, mate20 rials, equipment, and property. 

21 (3) PROVISION OF SERVICES.— 

22 (A) IN GENERAL.—Services described 

23 under this section shall be provided— 

24 (i) by employees of a public agency; or 


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1 (ii) through contract by the public 

2 agency with an individual or entity. 

3 (B) INDEPENDENCE; PUBLIC AGENCY.— 

4 An individual or entity described in subpara5 graph (A)(ii) that contracts with a public agen6 cy to provide services under this section shall be 

7 independent of a private school and of any reli8 gious organization. Individuals providing such 

9 services shall be employed by and under the 

10 control and supervision of the public agency. 

11 (C) COMMINGLING OF FUNDS PROHIB12 ITED.—Funds used to provide services under 

13 this section shall not be commingled with non14 Federal funds. 

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) Establishing and implementing policies to 

20 prohibit seclusion, mechanical restraint, chemical re21 straint, and other forms of prohibited restraint in 

22 schools, consistent with section 101. 

23 (2) Implementing and evaluating strategies and 

24 procedures to prevent seclusion and to prevent and 


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1 reduce physical restraint in schools, consistent with 

2 such policies. 

3 (3) Providing professional development, train4 ing, and certification for school personnel to comply 

5 with such policies. 

6 (4) Analyzing the information included in a re7 port prepared under section 202(b) to identify stu8 dent, school personnel, and school needs related to 

9 preventing seclusion, and preventing and reducing 

10 the use of physical restraint. 

11 (5) Providing training to school resource offi12 cers, school security guards, and, as appropriate, 

13 school personnel, on how to comply with education 

14 and civil rights laws, including the Individuals with 

15 Disabilities Education Act (20 U.S.C. 1400 et seq.) 

16 and the Americans with Disabilities Act of 1990 (42 

17 U.S.C. 12101 et seq.), when interacting with stu18 dents with disabilities, including, when conducting 

19 law enforcement activities involving students with 

20 disabilities. 

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 schoolwide positive behavioral interventions and sup7 ports, including improving coaching, facilitation, and 

8 training capacity for administrators, school leaders, 

9 teachers, specialized instructional support personnel, 

10 paraprofessionals, and other staff. 

11 (2) Providing technical assistance to implement 

12 evidence-based systematic approaches to schoolwide 

13 positive behavioral interventions and supports, in14 cluding technical assistance for data-driven decision 

15 making related to behavioral supports and interven16 tions in the classroom. 

17 (3) Researching, evaluating, and disseminating 

18 high-quality evidence-based programs and activities 

19 that implement schoolwide positive behavioral inter20 ventions and supports with fidelity. 

21 (4) Supporting other local positive behavioral 

22 interventions and supports implementation activities 

23 consistent with this subsection. 

24 (5) Developing, implementing, and providing 

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1 grams that reduce the likelihood of physical re2 straint, such as mental health supports, restorative 

3 justice programs, trauma-informed care, and crisis 

4 and de-escalation interventions. 

5 (h) EVALUATION AND REPORT.—Each State edu6 cational agency receiving a grant under this section shall, 

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

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

9 elimination of seclusion and the prevention and re10 duction of physical restraint in the schools located in 

11 the State, consistent with section 101; 

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

13 progress; and 

14 (3) publish such report on the State educational 

15 agency website in an accessible format. 

16 TITLE III—GENERAL 

17 PROVISIONS 

18 SEC. 301. NATIONAL ASSESSMENT. 

19 (a) NATIONAL ASSESSMENT.—The Secretary shall 

20 carry out a national assessment to determine the effective21 ness of this Act, which shall include— 

22 (1) analyzing data related to incidents of phys23 ical restraint in schools and programs that serve 

24 children who receive services for which financial as25 sistance is provided in accordance with the Head 


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1 Start Act (42 U.S.C. 9831 et seq.) (referred to in 

2 this title as ‘‘Head Start programs’’); 

3 (2) analyzing the effectiveness of Federal, 

4 State, and local efforts to eliminate seclusion and 

5 prevent and reduce the number of physical restraint 

6 incidents in schools and Head Start programs; 

7 (3) identifying the types of programs and serv8 ices that have demonstrated the greatest effective9 ness in eliminating and preventing seclusion and 

10 preventing and reducing the number of physical re11 straint incidents in schools and Head Start pro12 grams; and 

13 (4) identifying evidence-based personnel train14 ing models with demonstrated success in preventing 

15 seclusion and preventing and reducing the number 

16 of physical restraint incidents in schools and Head 

17 Start programs, including models that emphasize 

18 positive behavioral interventions and supports and 

19 de-escalation techniques over physical intervention. 

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

21 Committee on Health, Education, Labor, and Pensions of 

22 the Senate and the Committee on Education and Labor 

23 of the House of Representatives— 

24 (1) not later than 3 years after the date of the 

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1 marizes the preliminary findings of the assessment 

2 described in subsection (a); and 

3 (2) not later than 5 years after the date of the 

4 enactment of this Act, a final report of the findings 

5 of the assessment. 

6 SEC. 302. PROTECTION AND ADVOCACY SYSTEMS. 

7 (a) NOTIFICATION.—In a case in which physical in8 jury or death of a student or of a child enrolled in a Head 

9 Start program occurs in conjunction with the use of seclu10 sion or physical restraint or any intervention used to con11 trol behavior at a school or Head Start program, the local 

12 educational agency serving such school or the agency ad13 ministering a Head Start program under the Head Start 

14 Act (42 U.S.C. 9801 et seq.) shall have procedures to— 

15 (1) notify, in writing, not later than 24 hours 

16 after such injury or death occurs— 

17 (A) the State educational agency, or in the 

18 case of an agency administering a Head Start 

19 program, the appropriate official at the Depart20 ment of Health and Human Services; 

21 (B) the local law enforcement agency; and 

22 (C) the relevant protection and advocacy 

23 system; and 

24 (2) provide any information that the protection 

25 and advocacy system may require. 


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1 (b) RESTATEMENT OF AUTHORITY.—Protection and 

2 advocacy systems shall have the same authorities and 

3 rights provided under subtitle C of title I of the Develop4 mental Disabilities Assistance and Bill of Rights Act of 

5 2000 (42 U.S.C. 15041 et seq.) with respect to protections 

6 provided for students or children enrolled in Head Start 

7 programs under this Act when such students or children 

8 are otherwise eligible to be clients of the protection and 

9 advocacy system, including investigating, monitoring, and 

10 enforcing such protections. 

11 SEC. 303. SCHOOLS OPERATED OR FUNDED BY THE DE12 PARTMENT OF THE INTERIOR OR THE DE13 PARTMENT OF DEFENSE. 

14 (a) SCHOOLS OPERATED OR FUNDED BY DEPART15 MENT OF THE INTERIOR.—The Secretary of the Interior 

16 shall promulgate regulations to ensure that schools oper17 ated or funded by the Department of the Interior comply 

18 with the requirements of title I and section 202(b). 

19 (b) SCHOOLS OPERATED OR FUNDED BY THE DE20 PARTMENT OF DEFENSE.—The Secretary of Defense shall 

21 promulgate regulations to ensure that schools operated or 

22 funded by the Department of Defense Education Activity 

23 or otherwise operated or funded by the Department of De24 fense for the education of military-connected dependents 

25 (as described in subparagraph (B) or (D)(i) of section 


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1 7003(a)(1) of the Elementary and Secondary Education 

2 Act of 1965 (20 U.S.C. 7703(a)(1))) comply with the re3 quirements of title I and section 202(b). 

4 SEC. 304. RULE OF CONSTRUCTION. 

5 Subject to section 101(e), nothing in this Act shall 

6 be construed to prohibit a sworn law enforcement officer 

7 with probable cause from arresting a student for violating 

8 a Federal or State criminal law. 

9 SEC. 305. APPLICABILITY TO PRIVATE SCHOOLS AND HOME 

10 SCHOOLS. 

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

12 construed to affect any private school that does not re13 ceive, or does not serve students who receive, support in 

14 any form from any program or activity supported, in whole 

15 or in part, with Federal funds. 

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

17 construed to— 

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

19 school is treated as a private school or home school 

20 under State law; or 

21 (2) consider parents who are schooling a child 

22 at home as program personnel. 

23 SEC. 306. SEVERABILITY. 

24 If any provision of this Act, an amendment made by 

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1 ment to any person or circumstance is held to be unconsti2 tutional, the remainder of this Act, the amendments made 

3 by this Act, and the application of the provisions of such 

4 to any person or circumstance shall not be affected there5 by. 

6 SEC. 307. 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 2021 and each succeeding fiscal year. 

Æ 


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