I 

115TH CONGRESS 

2D SESSION H. R. 7124 

To prohibit and prevent seclusion and to prevent and reduce the use of 

physical restraint in schools, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2018 

Mr. BEYER (for himself, Mr. SCOTT of Virginia, Mr. CONNOLLY, Mr. TONKO, 

Ms. NORTON, Mr. DANNY K. DAVIS of Illinois, Mr. SABLAN, Ms. WILSON

of Florida, Mr. ESPAILLAT, Ms. MICHELLE LUJAN GRISHAM of New 

Mexico, Ms. LEE, Mrs. NAPOLITANO, Ms. MOORE, Ms. ESTY of Connecticut, Ms. PINGREE, Mr. SEAN PATRICK MALONEY of New York, Mr. 

LANGEVIN, Mrs. DAVIS of California, Mr. CA ́RDENAS, Mr. PRICE of 

North Carolina, Mr. MCEACHIN, Ms. MCCOLLUM, Ms. CLARK of Massachusetts, Mr. DESAULNIER, Mr. HIMES, Ms. BLUNT ROCHESTER, Mr. 

TAKANO, Mr. MCNERNEY, Ms. JAYAPAL, Mr. MCGOVERN, Mr. RYAN of 

Ohio, Mr. NADLER, Mr. KENNEDY, Mr. PALLONE, Mr. GOMEZ, and Mr. 

JOHNSON of Georgia) introduced the following bill; which was referred to 

the Committee on Education and the Workforce, 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 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Keeping All Students Safe Act’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purposes. 

Sec. 4. Definitions. 

Sec. 5. Minimum standards; rules of construction. 

Sec. 6. State plan and report requirements and enforcement. 

Sec. 7. Grants for State educational agencies. 

Sec. 8. National assessment. 

Sec. 9. Protection and advocacy systems. 

Sec. 10. Applicability to private schools and home schools. 

Sec. 11. Authorization of appropriations. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Restraint and seclusion have resulted in se9 rious physical injury, psychological trauma, and 

10 death to children in public and private schools. Na11 tional research shows students have been subjected 

12 to restraint and seclusion in schools as a means of 

13 discipline, to force compliance, or as a substitute for 

14 appropriate educational and behavioral support. 

15 (2) 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 restraint or seclusion imposed solely for purposes of 

19 discipline or convenience. 


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

2 available to support children who display challenging 

3 behaviors in school settings. Training for staff fo4 cused on the dangers of restraint and seclusion as 

5 well as training in evidence-based positive behavior 

6 supports, de-escalation techniques, and physical re7 straint and seclusion prevention, can reduce the inci8 dence of injury, trauma, and death. 

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

10 a safe environment and should be provided training, 

11 resources, and support to prevent injury and trauma 

12 to themselves and others. 

13 (5) Despite the widely recognized risks of re14 straint and seclusion, a substantial disparity exists 

15 among many States and localities with regard to the 

16 protection and oversight of the rights of children 

17 and school personnel to a safe learning environment. 

18 (6) Children are subjected to restraint and se19 clusion at higher rates than adults. Physical re20 straint which restricts breathing or causes other 

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

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

23 the deaths of children in schools. 

24 (7) Children are protected from inappropriate 

25 restraint and the use of seclusion in other settings, 


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1 such as hospitals, health facilities, and nonmedical 

2 community-based facilities. Similar protections are 

3 needed in schools, yet such protections must ac4 knowledge the differences of the school environment. 

5 (8) Research confirms that restraint and seclu6 sion are not therapeutic, nor are these practices ef7 fective means to calm, discipline, or teach children, 

8 and may have an opposite effect while simulta9 neously decreasing a child’s ability to learn. 

10 (9) The effective implementation of schoolwide 

11 positive behavior supports is linked to greater aca12 demic achievement, significantly fewer disciplinary 

13 problems, increased instruction time, and staff per14 ception of a safer teaching environment. 

15 (10) The 2015 bipartisan reauthorization of the 

16 Elementary and Secondary Education Act requires 

17 States to support local educational agencies in im18 proving school conditions through reducing the use 

19 of aversive behavioral interventions. The report 

20 issued by the Committee on Health, Education, 

21 Labor, and Pensions of the Senate regarding the au22 thorization described aversive behavioral interven23 tions as including seclusion and restraint. There is 

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1 sion and restraint to improve school conditions for 

2 all children. 

3 SEC. 3. PURPOSES. 

4 The purposes of this Act are to— 

5 (1) prohibit seclusion in schools; 

6 (2) prevent seclusion, and prevent and reduce 

7 the use of physical restraint in schools; 

8 (3) ensure the safety of all students and school 

9 personnel in schools and promote a positive school 

10 culture and climate; 

11 (4) protect students from— 

12 (A) physical and mental abuse; 

13 (B) aversive behavioral interventions that 

14 compromise health and safety; 

15 (C) any seclusion; 

16 (D) any physical restraint imposed solely 

17 for purposes of discipline or convenience; 

18 (E) physical restraint and physical escort 

19 that is known to be life-threatening, including 

20 physical restraint that restricts breathing; and 

21 (F) physical restraint if contraindicated 

22 based on the student’s disability, heath care 

23 needs, or medical or psychiatric condition; 

24 (5) ensure that physical restraint is imposed in 

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1 minent danger of serious physical injury to the stu2 dent, school personnel, or others; 

3 (6) ensure that— 

4 (A) parents are fully informed of the pro5 hibitions and requirements of this Act; 

6 (B) parents are fully informed of the poli7 cies on restraint and seclusion of the applicable 

8 school, local educational agency, and the State; 

9 (C) parents are notified when physical re10 straint has been utilized on their child or chil11 dren; and 

12 (D) a meeting with parents occurs to dis13 cuss the incident in which physical restraint is 

14 imposed on their child pursuant to section 

15 5(a)(6)(B); and 

16 (7) assist States, local educational agencies, 

17 and schools in— 

18 (A) establishing policies and procedures to 

19 keep all students, including students with the 

20 most complex and intensive behavioral needs, 

21 and school personnel safe; 

22 (B) providing school personnel with the 

23 necessary tools, training, and support to ensure 

24 the safety of all students and school personnel; 


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1 (C) collecting and analyzing data on phys2 ical restraint in schools; and 

3 (D) identifying and implementing effective 

4 evidence-based models to prevent seclusion and 

5 reduce and prevent physical restraint in schools. 

6 SEC. 4. DEFINITIONS. 

7 In this Act: 

8 (1) APPLICABLE PROGRAM.—The term ‘‘appli9 cable program’’ has the meaning given the term in 

10 section 400(c) of the General Education Provisions 

11 Act (20 U.S.C. 1221(c)). 

12 (2) CHEMICAL RESTRAINT.—The term ‘‘chem13 ical restraint’’ means a drug or medication used on 

14 a student to control behavior or restrict freedom of 

15 movement that is not— 

16 (A) prescribed by a licensed physician, or 

17 other qualified health professional acting under 

18 the scope of the professional’s authority under 

19 State law, for the standard treatment of a stu20 dent’s medical or psychiatric condition; and 

21 (B) administered as prescribed by the li22 censed physician or other qualified health pro23 fessional acting under the scope of the profes24 sional’s authority under State law. 


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1 (3) ESEA TERMS.—The terms ‘‘early childhood 

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

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

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

5 leader’’, ‘‘secondary school’’, ‘‘specialized instruc6 tional support personnel’’, ‘‘State’’, and ‘‘State edu7 cational agency’’ have the meanings given the terms 

8 in section 8101 of the Elementary and Secondary 

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

10 (4) MECHANICAL RESTRAINT.—The term ‘‘me11 chanical restraint’’ has the meaning given the term 

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

13 Act (42 U.S.C. 290jj(d)(1)), except that the mean14 ing shall be applied by substituting ‘‘student’s’’ for 

15 ‘‘resident’s’’. 

16 (5) MILITARY-CONNECTED DEPENDENTS.—The 

17 term ‘‘military-connected dependents’’ means chil18 dren described in subparagraphs (B) and (D)(i) of 

19 section 7003(a)(1) of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 7703(a)(1)). 

21 (6) PHYSICAL ESCORT.—The term ‘‘physical es22 cort’’ has the meaning given the term in section 

23 595(d)(2) of the Public Health Service Act (42 

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

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


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1 (7) PHYSICAL RESTRAINT.—The term ‘‘physical 

2 restraint’’ means a personal restriction that immo3 bilizes or reduces the ability of an individual to move 

4 the individual’s arms, legs, torso, or head freely, ex5 cept that such term does not include a physical es6 cort, mechanical restraint, or chemical restraint. 

7 (8) POSITIVE BEHAVIOR INTERVENTIONS AND

8 SUPPORTS.—The term ‘‘positive behavior interven9 tions and supports’’— 

10 (A) means a schoolwide, systematic ap11 proach to embed evidence-based practices and 

12 data-driven decisionmaking to improve school 

13 climate and culture (including a range of sys14 temic and individualized positive strategies to 

15 reinforce desired behaviors and diminish reoc16 currence of challenging behaviors), in order to 

17 achieve improved academic and social outcomes 

18 and increase learning for all students (including 

19 students with the most complex and intensive 

20 behavioral needs); and 

21 (B) encompasses a range of systemic and 

22 individualized positive strategies to reinforce de23 sired behaviors, diminish reoccurrence of chal24 lenging behaviors, and teach appropriate behav25 iors to students. 


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1 (9) PROTECTION AND ADVOCACY SYSTEM.—The 

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

3 protection and advocacy system established under 

4 section 143 of the Developmental Disabilities Assist5 ance and Bill of Rights Act of 2000 (42 U.S.C. 

6 15043). 

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

8 (A) an elementary school or secondary 

9 school; or 

10 (B) an entity that— 

11 (i) provides elementary and secondary 

12 education; and 

13 (ii) receives, or serves students who 

14 receive, support in any form from any pro15 gram supported, in whole or in part, with 

16 Federal funds. 

17 (11) SCHOOL PERSONNEL.—The term ‘‘school 

18 personnel’’ means individuals who are employed by 

19 a school, or who perform services for a school on a 

20 contractual basis as— 

21 (A) school leaders; 

22 (B) teachers; 

23 (C) specialized instructional support per24 sonnel; 

25 (D) paraprofessionals; or 


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1 (E) other staff. 

2 (12) SCHOOL RESOURCE OFFICER.—The term 

3 ‘‘school resource officer’’ means a sworn law enforce4 ment officer who is— 

5 (A) assigned by the employing police de6 partment to a local educational agency or 

7 school; 

8 (B) contracting with a local educational 

9 agency or school; or 

10 (C) employed by a local educational agen11 cy. 

12 (13) SCHOOL SECURITY GUARD.—The term 

13 ‘‘school security guard’’ means a contractor or an 

14 employee of a local educational agency or school re15 sponsible for addressing one or more of the following 

16 safety and crime prevention activities in and around 

17 a school: 

18 (A) Assisting school personnel in school 

19 safety incidents. 

20 (B) Educating students in crime and ille21 gal drug use prevention and safety. 

22 (C) Developing or expanding community 

23 justice initiatives for students. 

24 (D) Training students in conflict resolution 

25 and supporting restorative justice programs. 


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1 (E) Serving as a liaison between the school 

2 and outside agencies, including other law en3 forcement agencies. 

4 (F) Screening students or visitors to the 

5 school for prohibited items. 

6 (14) SECLUSION.—The term ‘‘seclusion’’ means 

7 the involuntary confinement of a student alone in a 

8 room or area from which the student is physically 

9 prevented from leaving, except that such term does 

10 not include a time out. 

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

12 means the Secretary of Education. 

13 (16) SPECIAL EDUCATION SCHOOL.—The term 

14 ‘‘special education school’’ means a school that fo15 cuses primarily on serving the needs of students 

16 with disabilities under the Individuals with Disabil17 ities Education Act (20 U.S.C. 1400 et seq.) or sec18 tion 504 of the Rehabilitation Act of 1973 (29 

19 U.S.C. 794). 

20 (17) STATE-APPROVED CRISIS INTERVENTION

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

22 crisis intervention training program’’ means a train23 ing program approved by a State and the Secretary 

24 that, at a minimum, provides— 


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1 (A) training in evidence-based techniques 

2 shown to be effective in the prevention of phys3 ical restraint; 

4 (B) evidence-based skills training related 

5 to positive behavior supports, safe physical es6 cort, conflict prevention, understanding ante7 cedents, de-escalation, and conflict manage8 ment; 

9 (C) training in evidence-based techniques 

10 shown to be effective in keeping both school 

11 personnel and students safe when imposing 

12 physical restraint; 

13 (D) training in first aid and cardiopulmo14 nary resuscitation; 

15 (E) information describing State policies 

16 and procedures that meet the minimum stand17 ards established by regulations promulgated 

18 pursuant to section 5(a); and 

19 (F) certification for school personnel, 

20 school resources officers, and school security 

21 guards in the techniques and skills described in 

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

23 required to be renewed on a periodic basis. 

24 (18) STUDENT.—The term ‘‘student’’ means a 

25 student enrolled in a school, except that in the case 


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1 of a student enrolled in a private school or private 

2 program, such term means a student who receives 

3 support in any form from any program or activity 

4 supported, in whole or in part, with Federal funds. 

5 (19) TIME OUT.—The term ‘‘time out’’ has the 

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

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

8 except that the meaning shall be applied by sub9 stituting ‘‘student’’ for ‘‘resident’’. 

10 SEC. 5. MINIMUM STANDARDS; RULES OF CONSTRUCTION. 

11 (a) MINIMUM STANDARDS.— 

12 (1) REGULATIONS.— 

13 (A) IN GENERAL.—Not later than 180 

14 days after the date of enactment of this Act, to 

15 protect each student from physical or mental 

16 abuse, aversive behavioral interventions that 

17 compromise student health and safety, seclu18 sion, or physical restraint imposed solely for 

19 purposes of discipline or convenience or in a 

20 manner otherwise inconsistent with this Act, 

21 the Secretary shall promulgate regulations es22 tablishing minimum standards consistent with 

23 this subsection. 

24 (B) HEAD START.— 


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1 (i) IN GENERAL.—The Secretary of 

2 Health and Human Services, in coordina3 tion with the Secretary, shall promulgate 

4 regulations under this subsection with re5 spect to Head Start agencies (including 

6 Early Head Start agencies) under the 

7 Head Start Act (24 U.S.C. 9801 et seq.). 

8 (ii) FUNDS.—From the amount ap9 propriated under section 11, the Secretary 

10 may allocate funds to the Secretary of 

11 Health and Human Services to assist the 

12 Head Start agencies (including Early Head 

13 Start agencies) in establishing, imple14 menting, and enforcing policies and proce15 dures to meet the requirements established 

16 by regulations promulgated by the Sec17 retary of Health and Human Services 

18 under clause (i). 

19 (2) PROHIBITED ACTIONS.—Each school per20 sonnel, school security guard, and school resource of21 ficer shall be prohibited from imposing on any stu22 dent the following: 

23 (A) Seclusion. 

24 (B) Mechanical restraints. 

25 (C) Chemical restraints. 


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1 (D) Physical restraint or physical escort 

2 that is life threatening or that restricts breath3 ing. 

4 (E) Physical restraint if contraindicated 

5 based on the student’s disability, health care 

6 needs, or medical or psychiatric condition, as 

7 documented in— 

8 (i) a health care directive or medical 

9 management plan; 

10 (ii) a behavior intervention plan; 

11 (iii) an individualized education pro12 gram or an individualized family service 

13 plan (as defined in section 602 of the Indi14 viduals with Disabilities Education Act (20 

15 U.S.C. 1401)); 

16 (iv) a plan developed pursuant to sec17 tion 504 of the Rehabilitation Act of 1973 

18 (29 U.S.C. 794) or title II of the Ameri19 cans with Disabilities Act of 1990 (42 

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

21 (v) other relevant record made avail22 able to the State or local educational agen23 cy involved. 

24 (F) Physical restraint that is not in com25 pliance with paragraph (3). 


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1 (G) Any other form of aversive behavioral 

2 interventions. 

3 (3) PHYSICAL RESTRAINT.—The use of physical 

4 restraint by any school personnel, school security 

5 guard, or school resource officer shall be considered 

6 in compliance with the minimum standards promul7 gated under this subsection only if each of the fol8 lowing requirements are met: 

9 (A) The student’s behavior poses an immi10 nent danger of serious physical injury to the 

11 student, school personnel, school security guard, 

12 school resource officer, or others. 

13 (B) Less restrictive interventions would be 

14 ineffective in stopping such imminent danger of 

15 serious physical injury. 

16 (C) Such physical restraint is imposed by 

17 school personnel, or a school security guard or 

18 school resource officer, who— 

19 (i) continuously monitors the student 

20 face-to-face; or 

21 (ii) if school personnel safety, or the 

22 safety of a school security guard or school 

23 resource officer, is significantly com24 promised by such face-to-face monitoring, 

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1 tinuous direct visual contact with the stu2 dent by looking directly at the student 

3 from a distance rather than electronically 

4 monitoring the student using a security 

5 camera or other system. 

6 (D) Such physical restraint is imposed 

7 by— 

8 (i) school personnel, or a school re9 source officer or school security guard, 

10 trained and certified by a State-approved 

11 crisis intervention training program; or 

12 (ii) school personnel, or a school secu13 rity guard or school resource officer, not 

14 trained and certified as described in clause 

15 (i), in the case of a rare and clearly un16 avoidable emergency circumstance when 

17 school personnel, or a school resource offi18 cer or school security guard, trained and 

19 certified as described in clause (i) is not 

20 immediately available due to the unforesee21 able nature of the emergency circumstance. 

22 (E) Such physical restraint ends imme23 diately upon the cessation of the conditions de24 scribed in subparagraph (A). 


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1 (F) The physical restraint does not inter2 fere with the student’s ability to communicate 

3 in the student’s primary language or primary 

4 mode of communication. 

5 (G) The physical restraint uses the least 

6 amount of force necessary to protect the stu7 dent or others from the threatened injury. 

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

9 with local educational agency officials, shall ensure 

10 that a sufficient number of school personnel are 

11 trained and certified by a State-approved crisis 

12 intervention training program to meet the needs of 

13 the specific student population in each school. 

14 (5) PROHIBITION ON PLANNED INTERVEN15 TION.—The use of physical restraint as a planned 

16 intervention shall not be written into a student’s 

17 education plan, individual safety plan, behavioral 

18 plan, or individualized education program (as de19 fined in section 602 of the Individuals with Disabil20 ities Education Act (20 U.S.C. 1401)), except that 

21 local educational agencies or schools may establish 

22 policies and procedures for use of physical restraint 

23 in school safety or crisis plans, provided that such 

24 a plan is not specific to any individual student. 


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1 (6) PROCEDURES FOLLOWING PHYSICAL RE2 STRAINT.—Each school shall establish procedures to 

3 be followed after an incident involving the imposition 

4 of physical restraint upon a student, which shall in5 clude each of the following: 

6 (A) Procedures to provide to the parent of 

7 the student, with respect to such incident— 

8 (i) an immediate verbal or electronic 

9 communication, as soon as is practicable 

10 and not later than the same day as the in11 cident; and 

12 (ii) written notification, as soon as is 

13 practicable, and not later than 24 hours 

14 after the incident that shall include, at 

15 minimum— 

16 (I) a description of the incident, 

17 including precipitating events; 

18 (II) positive interventions used 

19 prior to restraint; 

20 (III) the length of time of re21 straint; and 

22 (IV) a description of the serious 

23 physical injury of the student or oth24 ers to necessitate the use of restraint. 


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1 (B) A meeting between parents of the stu2 dent and the school, as soon as is practicable, 

3 and not later than 5 school days following the 

4 incident (unless such meeting is delayed by 

5 written mutual agreement of the parent and 

6 school)— 

7 (i) which shall include, at a min8 imum— 

9 (I) the parent of such student; 

10 (II) the student involved (if ap11 propriate); 

12 (III) the school personnel, school 

13 resource officer, or school security 

14 guard who imposed the restraint; 

15 (IV) a teacher of such student; 

16 (V) a school leader of such stu17 dent; and 

18 (VI) an expert on behavior inter19 ventions, who may be a special edu20 cation teacher; 

21 (ii) the purpose of which shall be to 

22 discuss the incident, as described by both 

23 the student and the school personnel, or 

24 the school resource officer or school secu25 rity guard involved, including— 


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1 (I) any precipitating events; 

2 (II) how the incident occurred; 

3 and 

4 (III) prior positive behavior inter5 ventions and supports used to de-esca6 late the situation; and 

7 (iii) which shall include— 

8 (I) the discussion of proactive 

9 strategies to prevent future need for 

10 the use of restraint; 

11 (II)(aa) for a student identified 

12 as eligible to receive accommodations 

13 under section 504 of the Rehabilita14 tion Act of 1973 (29 U.S.C. 794) or 

15 title II of the Americans with Disabil16 ities Act of 1990 (42 U.S.C. 12131 et 

17 seq.), or accommodations or special 

18 education or related services under 

19 the Individuals with Disabilities Edu20 cation Act (20 U.S.C. 1400 et seq.), 

21 a discussion of the need for a func22 tional behavioral assessment and a be23 havior intervention plan; or 

24 (bb) for a student not identified 

25 as eligible to receive accommodations 


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1 under the provisions of law described 

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

3 such accommodations or special edu4 cation or related services, or docu5 mentation of the basis for declining to 

6 such a referral for the student; 

7 (III) provision 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; and 

15 (IV) an assurance that in a case 

16 in which the student attends the 

17 meeting, the information commu18 nicated by the student in that meeting 

19 will be for purposes of debriefing an 

20 incident where restraint was imposed 

21 upon the student, and— 

22 (aa) may only be shared to 

23 the extent necessary to protect 

24 the safety of the student or oth25 ers; and 


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1 (bb) may not be used 

2 against the student in any dis3 ciplinary, criminal, or civil inves4 tigations or proceedings. 

5 (C) Any other procedures consistent with 

6 this Act that the Secretary determines appro7 priate. 

8 (b) SCHOOLS OPERATED OR FUNDED BY DEPART9 MENT OF THE INTERIOR.—The Secretary of the Interior 

10 shall ensure that schools operated or funded by the De11 partment of the Interior comply with the regulations pro12 mulgated by the Secretary under subsection (a). 

13 (c) SCHOOLS OPERATED OR FUNDED BY THE DE14 PARTMENT OF DEFENSE.—The Secretary of Defense shall 

15 ensure that schools operated or funded by the Department 

16 of Defense Education Activity or otherwise operated or 

17 funded by the Department of Defense for the education 

18 of military-connected dependents comply with the regula19 tions promulgated by the Secretary under subsection (a). 

20 (d) RULES OF CONSTRUCTION.— 

21 (1) IN GENERAL.—Nothing in this Act shall be 

22 construed to authorize the Secretary to promulgate 

23 regulations prohibiting the use of— 

24 (A) time out; and 


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1 (B) devices implemented by trained school 

2 personnel, or utilized by a student, for the spe3 cific and approved therapeutic or safety pur4 poses for which such devices were designed and, 

5 if applicable, prescribed, including— 

6 (i) restraints for medical immobiliza7 tion; 

8 (ii) adaptive devices or mechanical 

9 supports used to achieve proper body posi10 tion, balance, or alignment to allow greater 

11 freedom of mobility than would be possible 

12 without the use of such devices or mechan13 ical supports; or 

14 (iii) vehicle safety restraints when 

15 used as intended during the transport of a 

16 student in a moving vehicle. 

17 (2) LAW ENFORCEMENT.—Nothing in this Act 

18 shall be construed to prevent a sworn law enforce19 ment officer from carrying out the duties of the offi20 cer under otherwise applicable law. 

21 SEC. 6. STATE PLAN AND REPORT REQUIREMENTS AND EN22 FORCEMENT. 

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

24 Secretary promulgates regulations pursuant to section 

25 5(a), and each year thereafter, each State educational 


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1 agency shall submit to the Secretary a State plan that pro2 vides— 

3 (1) demonstrations to the Secretary that the 

4 State has in effect— 

5 (A) State policies and procedures that 

6 meet the minimum standards, including the 

7 standards with respect to State-approved crisis 

8 intervention training programs, established by 

9 regulations promulgated pursuant to section 

10 5(a); and 

11 (B) a State mechanism to effectively mon12 itor and enforce the minimum standards; 

13 (2) a description of the State policies and pro14 cedures, including a description of the State-ap15 proved crisis intervention training programs in such 

16 State and how the State ensures accurate and timely 

17 reporting to the Office for Civil Rights of the De18 partment of Education; 

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

20 school personnel, students, and parents (including 

21 private school personnel, students, and parents) are 

22 aware of the State policies and procedures; 

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1 mentary and Secondary Education Act of 1965 (20 

2 U.S.C. 6311(g)) that reduce aversive behavioral 

3 interventions and improve school conditions; 

4 (5) a description of the State efforts to engage 

5 stakeholders for input on the development of State 

6 policies and procedures to meet the minimum stand7 ards of this Act, which shall include consultation 

8 with— 

9 (A) parents; 

10 (B) individuals with disabilities; 

11 (C) advocacy organizations representing in12 dividuals with disabilities; 

13 (D) teachers; 

14 (E) school personnel; 

15 (F) administrators; 

16 (G) civil rights organizations; and 

17 (H) mental health experts; and 

18 (6) a description of oversight of schools that in19 cludes— 

20 (A) monitoring use of restraint in the 

21 schools; 

22 (B) monitoring compliance with the prohi23 bition on seclusion in schools; 

24 (C) not less than every 6 months, discus25 sions between State educational agency officials 


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1 and school leaders to discuss the progress of re2 ducing the use of physical restraint in schools; 

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

4 special education schools in the State; and 

5 (E) technical assistance to focus on the use 

6 of proactive, positive interventions. 

7 (b) REPORTING.— 

8 (1) REPORTING REQUIREMENTS.—Not later 

9 than 2 years after the date the Secretary promul10 gates regulations pursuant to section 5(a), and each 

11 year thereafter, each State educational agency shall 

12 (in compliance with the requirements of section 444 

13 of the General Education Provisions Act (commonly 

14 known as the Family Educational Rights and Pri15 vacy Act of 1974) (20 U.S.C. 1232g)) prepare and 

16 submit to the Secretary, and make available to the 

17 public, a report that includes the information de18 scribed in paragraph (2), with respect to each local 

19 educational agency, each special education school, 

20 and each school not under the jurisdiction of a local 

21 educational agency, located in the same State as 

22 such State educational agency. 

23 (2) INFORMATION REQUIREMENTS.— 


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1 (A) GENERAL INFORMATION REQUIRE2 MENTS.—The report described in paragraph (1) 

3 shall include— 

4 (i) with respect to physical restraint 

5 imposed upon students in the preceding 

6 full academic year— 

7 (I) the total number of such inci8 dents; 

9 (II) the total number of students 

10 upon whom such restraint was im11 posed; 

12 (III) in the case in which such 

13 restraint was imposed more than 

14 twice on a student, the number of 

15 times such student was so restrained; 

16 and 

17 (IV) the total number of such in18 cidents where the use of restraint is 

19 referred to law enforcement; and 

20 (ii) other information relevant to im21 plementation of this Act, as determined by 

22 the Secretary. 

23 (B) DISAGGREGATION.— 

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


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1 in subparagraph (A) shall be disaggre2 gated— 

3 (I) by the total number of inci4 dents in which physical restraint was 

5 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 were not trained and cer12 tified as described in section 

13 5(a)(3)(D)(i); 

14 (II) by the demographic charac15 teristics of all students upon whom 

16 physical restraint was imposed, in17 cluding disaggregation— 

18 (aa) by each major racial 

19 and ethnic group, economically 

20 disadvantaged students as com21 pared to students who are not 

22 economically disadvantaged, 

23 English proficiency status, sex, 

24 and migrant status; 


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1 (bb) by students with an in2 dividualized education program 

3 under section 614(d) of the Indi4 viduals with Disabilities Edu5 cation Act (20 U.S.C. 1414(d)); 

6 (cc) by students who have a 

7 plan developed pursuant to sec8 tion 504 of the Rehabilitation 

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

10 and 

11 (dd) by students who have a 

12 plan developed pursuant to title 

13 II of the Americans with Disabil14 ities Act of 1990 (42 U.S.C. 

15 12131 et seq.); 

16 (III) by the total number of inci17 dents of restraint in which school per18 sonnel, or a school resource officer or 

19 school security guard was involved, 

20 which may include the school per21 sonnel, school resource officer, or 

22 school security guard imposing the 

23 physical restraint or assisting with the 

24 physical restraint; and 


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1 (IV) by the type of school, in2 cluding disaggregation by special edu3 cation school, charter school, and pri4 vate school. 

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

7 clause (i)— 

8 (I) shall be carried out in a man9 ner to ensure an unduplicated count 

10 of the total number of incidents in the 

11 preceding full academic year in which 

12 physical restraint was imposed upon a 

13 student; and 

14 (II) shall not be required in a 

15 case in which the number of students 

16 in a category would reveal personally 

17 identifiable information about an indi18 vidual student. 

19 (c) ENFORCEMENT.— 

20 (1) IN GENERAL.— 

21 (A) USE OF REMEDIES.—If a State edu22 cational agency fails to comply with subsection 

23 (a) or (b), the Secretary shall— 

24 (i)(I) withhold, in whole or in part, 

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1 gram in accordance with section 455 of the 

2 General Education Provisions Act (20 

3 U.S.C. 1234d); 

4 (II) require a State educational agen5 cy to submit, and implement, within 1 year 

6 of such failure to comply, a corrective plan 

7 of action, which shall include specific time8 frames and actions, and which may include 

9 redirection of funds received under an ap10 plicable program; or 

11 (III) issue a complaint to compel com12 pliance of the State educational agency 

13 through a cease and desist order, in the 

14 same manner the Secretary is authorized 

15 to take such action under section 456 of 

16 the General Education Provisions Act (20 

17 U.S.C. 1234e); and 

18 (ii) refer the State to the Civil Rights 

19 Division of the Department of Justice and 

20 the Office for Civil Rights of the Depart21 ment of Education for an investigation. 

22 (B) CESSATION OF WITHHOLDING OF

23 FUNDS.—Whenever the Secretary determines 

24 (whether by certification or other appropriate 

25 evidence) that a State educational agency that 


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1 is subject to the withholding of payments under 

2 subparagraph (A)(i) has cured the failure pro3 viding the basis for the withholding of pay4 ments, the Secretary shall cease the withholding 

5 of payments with respect to the State edu6 cational agency under such subparagraph. 

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

8 subsection shall be construed to limit the Secretary’s 

9 authority under the General Education Provisions 

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

11 (3) RIGHTS AND REMEDIES OF STUDENTS AND

12 PARENTS.— 

13 (A) IN GENERAL.—Nothing in this Act 

14 shall be construed— 

15 (i) to restrict or limit, or allow the 

16 Secretary to restrict or limit, any other 

17 rights or remedies otherwise available to 

18 students or parents under Federal, State, 

19 or local law; or 

20 (ii) to restrict or limit Federal, State, 

21 or local laws, regulations, or policies that 

22 provide for more stringent prohibitions or 

23 limitations on the use of seclusion, re24 straint, or aversive interventions than the 


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1 prohibitions or limitations that are pro2 vided for in this Act. 

3 (B) RELIEF UNDER FEDERAL, STATE, AND

4 LOCAL LAW.—A student or parent may file a 

5 civil action under the Constitution, the Ameri6 cans with Disabilities Act of 1990 (42 U.S.C. 

7 12101 et seq.), title V of the Rehabilitation Act 

8 of 1973 (29 U.S.C. 791 et seq.), or other appli9 cable Federal, State, or local law in the case of 

10 the use of seclusion or restraint in violation of 

11 this Act seeking relief from the use of seclusion 

12 or restraint, or other available remedies with re13 spect of such student. 

14 (C) NONAPPLICABILITY.—Section 615(l) of 

15 the Individuals with Disabilities Education Act 

16 (20 U.S.C. 1415(l)) shall not apply to an action 

17 filed pursuant to this paragraph, regardless of 

18 whether or not the student is seeking relief that 

19 is also available under the Individuals with Dis20 abilities Education Act (20 U.S.C. 1400 et 

21 seq.). 

22 (d) HEAD START.—The Secretary of Health and 

23 Human Services, in coordination with the Secretary, 

24 shall— 


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1 (1) promulgate regulations with respect to how 

2 the reporting requirements described under sub3 section (b) shall be carried out with respect to Head 

4 Start agencies (including Early Head Start agen5 cies) under the Head Start Act (42 U.S.C. 9801 et 

6 seq.); and 

7 (2) carry out the enforcement activities de8 scribed in subsection (c) with respect to such agen9 cies. 

10 SEC. 7. GRANTS FOR STATE EDUCATIONAL AGENCIES. 

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

12 under section 11, the Secretary may award, on a competi13 tive basis, grants to State educational agencies to assist 

14 the agencies in— 

15 (1) establishing, implementing, and enforcing 

16 the policies and procedures to meet the minimum 

17 standards established by regulations promulgated by 

18 the Secretary pursuant to section 5(a); 

19 (2) improving State and local capacity to collect 

20 and analyze data related to physical restraint; and 

21 (3) improving school climate and culture by im22 plementing schoolwide positive behavior interventions 

23 and supports, mental health supports, restorative 

24 justice programs, trauma-informed care, and crisis 

25 and de-escalation interventions. 


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

3 a 3-year period. 

4 (c) APPLICATION.—Each State educational agency 

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

7 accompanied by such information as the Secretary may 

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

10 educational agencies in need of assistance related to pre11 venting seclusion, and preventing and reducing physical 

12 restraint. 

13 (d) AUTHORITY TO MAKE SUBGRANTS.— 

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

15 receiving a grant under this section may use such 

16 grant funds to award subgrants, on a competitive 

17 basis, to local educational agencies. 

18 (2) APPLICATION.—A local educational agency 

19 desiring to receive a subgrant under this section 

20 shall submit an application to the applicable State 

21 educational agency at such time, in such manner, 

22 and containing such information as the State edu23 cational agency may require. 

24 (e) PRIVATE SCHOOL PARTICIPATION.— 


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

2 receiving subgrant funds under this section shall, 

3 after timely and meaningful consultation with appro4 priate private school officials, ensure that private 

5 school personnel may participate, on an equitable 

6 basis, in activities supported by subgrant funds 

7 under this section. 

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

9 of grant and subgrant funds under this section, and 

10 title to materials, equipment, and property pur11 chased with such funds, shall be in a public agency 

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

13 a public agency shall administer such funds, mate14 rials, equipment, and property. 

15 (3) PROVISION OF SERVICES.— 

16 (A) IN GENERAL.—Services described 

17 under this section shall be provided— 

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

19 (ii) through contract by the public 

20 agency with an individual or entity. 

21 (B) INDEPENDENCE; PUBLIC AGENCY.— 

22 An individual or entity described in subpara23 graph (A)(ii) that contracts with a public agen24 cy to provide services under this section shall be 

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1 gious organization. Individuals providing such 

2 services shall be employed by and under the 

3 control and supervision of the public agency. 

4 (C) COMMINGLING OF FUNDS PROHIB5 ITED.—Funds used to provide services under 

6 this section shall not be commingled with non7 Federal funds. 

8 (f) REQUIRED ACTIVITIES.—A State educational 

9 agency receiving a grant, or a local educational agency re10 ceiving a subgrant, under this section shall use such grant 

11 or subgrant funds to carry out the following: 

12 (1) Establishing and implementing policies to 

13 prohibit seclusion, mechanical restraint, chemical re14 straint, and other forms of prohibited restraint in 

15 schools, consistent with the minimum standards es16 tablished by regulations promulgated by the Sec17 retary pursuant to section 5(a). 

18 (2) Implementing and evaluating strategies and 

19 procedures to prevent seclusion and to prevent and 

20 reduce physical restraint in schools, consistent with 

21 such standards. 

22 (3) Providing professional development, train23 ing, and certification for school personnel to meet 

24 such standards. 


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1 (4) Analyzing the information included in a re2 port prepared under section 6(b) to identify student, 

3 school personnel, and school needs related to pre4 venting seclusion, and preventing and reducing the 

5 use of physical restraint. 

6 (5) Providing training to school resource offi7 cers, school security guards, and, as appropriate, 

8 school personnel, on how to comply with education 

9 and civil rights laws, including the Individuals with 

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

11 and the Americans with Disabilities Act of 1990 (42 

12 U.S.C. 12101 et seq.), when interacting with stu13 dents with disabilities, including, as applicable, when 

14 conducting law enforcement activities involving a 

15 students with disabilities. 

16 (g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addi17 tion to the required activities described in subsection (f), 

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

19 educational agency receiving a subgrant, under this sec20 tion may use such grant or subgrant funds for one or more 

21 of the following: 

22 (1) Developing and implementing high-quality 

23 professional development and training programs to 

24 implement evidence-based systematic approaches to 

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1 ports, including improving coaching, facilitation, and 

2 training capacity for administrators, teachers, spe3 cialized instructional support personnel, and other 

4 staff. 

5 (2) Providing technical assistance to implement 

6 evidence-based systematic approaches to schoolwide 

7 positive behavior interventions and supports, includ8 ing technical assistance for data-driven decision9 making related to behavioral supports and interven10 tions in the classroom. 

11 (3) Researching, evaluating, and disseminating 

12 high-quality evidence-based programs and activities 

13 that implement schoolwide positive behavior inter14 ventions and supports with fidelity. 

15 (4) Supporting other local positive behavior 

16 interventions and supports implementation activities 

17 consistent with this subsection. 

18 (5) Developing, implementing, and providing 

19 technical assistance to support evidence-based pro20 grams that reduce the likelihood of physical re21 straint, and support students in reducing behavior 

22 that can result in physical restraint, such as mental 

23 health supports, restorative justice programs, trau24 ma-informed care, and crisis and de-escalation inter25 ventions. 


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1 (h) EVALUATION AND REPORT.—Each State edu2 cational agency receiving a grant under this section shall, 

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

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

5 prevention of seclusion and the prevention and re6 duction of physical restraint in the schools located in 

7 the State, consistent with the minimum standards 

8 established by regulations promulgated by the Sec9 retary pursuant to section 5(a); and 

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

11 progress. 

12 SEC. 8. NATIONAL ASSESSMENT. 

13 (a) NATIONAL ASSESSMENT.—The Secretary shall 

14 carry out a national assessment to determine the effective15 ness of this Act, which shall include— 

16 (1) analyzing data related to incidents of phys17 ical restraint in schools; 

18 (2) analyzing the effectiveness of Federal, 

19 State, and local efforts to prevent seclusion and pre20 vent and reduce the number of physical restraint in21 cidents in schools; 

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1 ducing the number of physical restraint incidents in 

2 schools; and 

3 (4) identifying evidence-based personnel train4 ing models with demonstrated success in preventing 

5 seclusion and preventing and reducing the number 

6 of physical restraint incidents in schools, including 

7 models that emphasize positive behavior supports 

8 and de-escalation techniques over physical interven9 tion. 

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

11 Committee on Education and the Workforce of the House 

12 of Representatives and the Committee on Health, Edu13 cation, Labor, and Pensions of the Senate— 

14 (1) not later than 3 years after the date of en15 actment of this Act, an interim report that summa16 rizes the preliminary findings of the assessment de17 scribed in subsection (a); and 

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

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

20 of the assessment. 

21 SEC. 9. PROTECTION AND ADVOCACY SYSTEMS. 

22 (a) NOTIFICATION.—In a case in which physical in23 jury or death of a student occurs in conjunction with the 

24 use of seclusion or physical restraint or any intervention 

25 used to control behavior at a school, the local educational 


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1 agency serving such school or the agency administering 

2 a Head Start program under the Head Start Act (42 

3 U.S.C. 9801 et seq.) shall have procedures to— 

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

5 after such injury or death occurs— 

6 (A) the State educational agency; 

7 (B) the local law enforcement agency; and 

8 (C) the relevant protection and advocacy 

9 system; and 

10 (2) provide any information that the protection 

11 and advocacy system may require. 

12 (b) RESTATEMENT OF AUTHORITY.—Protection and 

13 advocacy systems shall have the same authorities and 

14 rights provided under subtitle C of title I of the Develop15 mental Disabilities Assistance and Bill of Rights Act of 

16 2000 (42 U.S.C. 15041 et seq.) with respect to protections 

17 provided for students under this Act when such students 

18 are otherwise eligible to be clients of the protection and 

19 advocacy system, including investigating, monitoring, and 

20 enforcing such protections. 

21 SEC. 10. APPLICABILITY TO PRIVATE SCHOOLS AND HOME 

22 SCHOOLS. 

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

24 construed to affect any private school that does not re25 ceive, or does not serve students who receive, support in 


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

2 or in part, with Federal funds. 

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

4 construed to— 

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

6 school is treated as a private school or home school 

7 under State law; or 

8 (2) consider parents who are schooling a child 

9 at home as school personnel. 

10 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

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

13 2020 and each succeeding fiscal year. 

Æ 


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