II 

111TH CONGRESS 

1ST SESSION S. 2860 

To protect students from inappropriate seclusion and physical restraint, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2009 

Mr. DODD introduced the following bill; which was read twice and referred to 

the Committee on Health, Education, Labor, and Pensions 

A BILL 

To protect students from inappropriate seclusion and 

physical restraint, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Harmful 

5 Restraint and Seclusion in Schools Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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

10 death to children in public and private schools. NaVerDate Nov 24 2008 01:58 Dec 10, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2860.IS S2860

tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2860 IS

1 tional research shows children have been subjected 

2 to inappropriate seclusion and physical restraint in 

3 schools as a means of discipline, to force compliance, 

4 or as a substitute for appropriate educational sup5 port. 

6 (2) Despite the widely recognized risks of seclu7 sion and physical restraint, a substantial disparity 

8 exists between States and localities with regard to 

9 the protection and oversight of the rights of children 

10 to a safe learning environment. 

11 (3) Children are protected from inappropriate 

12 physical restraint and seclusion in other settings, 

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

14 community-based facilities. Similar protections are 

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

17 (4) Research confirms that— 

18 (A) seclusion and physical restraint are not 

19 therapeutic; and 

20 (B) these practices are not effective means 

21 to calm or teach children and may have an op22 posite effect while simultaneously decreasing a 

23 child’s ability to learn. 

24 (5) Children are subjected to seclusion and 

25 physical restraint at higher rates than adults, and 


tjames on DSKG8SOYB1PROD with BILLS
3 

•S 2860 IS

1 are at greater risk of injury. Physical restraint that 

2 restricts air flow to the lungs, as well as seclusion 

3 in the absence of continuous face-to-face monitoring, 

4 have resulted in the deaths of children in schools. 

5 (6) Behavioral interventions for children must 

6 promote the right of all children to be treated with 

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

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

10 physical restraint or seclusion imposed for purposes 

11 of discipline or convenience. 

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

13 available to support children who display challenging 

14 behaviors in school settings. Staff training focused 

15 on the dangers of seclusion and physical restraint, 

16 as well as training in evidence-based positive behav17 ioral interventions and supports, de-escalation tech18 niques, and seclusion and physical restraint preven19 tion, can reduce injury, trauma, and death. 

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

21 a safe environment and should be provided training 

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

24 (9) The effective implementation of school-wide 

25 positive behavior supports is linked to greater acaVerDate Nov 24 2008 01:58 Dec 10, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2860.IS S2860

tjames on DSKG8SOYB1PROD with BILLS
4 

•S 2860 IS

1 demic achievement, significantly fewer disciplinary 

2 problems, increased instruction time, and staff per3 ception of a safer teaching environment. 

4 (10) Perspectives of relevant community and 

5 advocacy organizations, including those run by indi6 viduals with disabilities, are important when devel7 oping and implementing strategies, policies, and pro8 cedures to prevent or reduce seclusion and physical 

9 restraint in schools. 

10 SEC. 3. PURPOSES. 

11 The purposes of this Act are to— 

12 (1) prevent and reduce the use of seclusion and 

13 physical restraint; 

14 (2) ensure the safety of all students and per15 sonnel in schools and promote a positive school cul16 ture and climate; 

17 (3) protect students from— 

18 (A) physical or mental abuse; 

19 (B) aversive behavioral interventions that 

20 compromise health and safety; and 

21 (C) any physical restraint or seclusion im22 posed for purposes of discipline or convenience; 

23 (4) ensure that seclusion and physical restraint 

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


tjames on DSKG8SOYB1PROD with BILLS
5 

•S 2860 IS

1 poses an imminent danger of physical injury to the 

2 student, school personnel, or others; and 

3 (5) assist States, local educational agencies, 

4 and schools in— 

5 (A) establishing policies and procedures to 

6 keep all students and school personnel safe, in7 cluding students with the most complex and in8 tensive behavioral needs; 

9 (B) providing school personnel with the 

10 necessary tools, training, and support to ensure 

11 the safety of all students and promoting a posi12 tive school culture and climate; 

13 (C) collecting and analyzing data on seclu14 sion and physical restraint in schools as a 

15 means to reduce such incidents; and 

16 (D) identifying and implementing effective 

17 evidence-based models to prevent and reduce se18 clusion and physical restraint in schools. 

19 SEC. 4. DEFINITIONS. 

20 In this Act: 

21 (1) ESEA DEFINITIONS.—The terms ‘‘edu22 cational service agency’’, ‘‘elementary school’’, ‘‘local 

23 educational agency’’, ‘‘parent’’, ‘‘secondary school’’, 

24 and ‘‘State’’ have the meanings given such terms in 


tjames on DSKG8SOYB1PROD with BILLS
6 

•S 2860 IS

1 section 9101 of the Elementary and Secondary Edu2 cation Act of 1965 (20 U.S.C. 7801). 

3 (2) PUBLIC HEALTH SERVICE ACT DEFINI4 TIONS.—The terms ‘‘mechanical restraint’’, ‘‘phys5 ical escort’’, ‘‘physical restraint’’, ‘‘seclusion’’, and 

6 ‘‘time out’’ have the meanings given such terms in 

7 section 595(d) of the Public Health Service Act (42 

8 U.S.C. 290jj(d)), except that the meanings of such 

9 terms shall be applied by substituting ‘‘student’’ or 

10 ‘‘student’s’’ for ‘‘resident’’ or ‘‘resident’s’’, respec11 tively. 

12 (3) APPLICABLE PROGRAM.—The term ‘‘appli13 cable program’’ has the meaning given the term in 

14 section 400(c) of the General Education Provisions 

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

16 (4) CHEMICAL RESTRAINT.—The term ‘‘chem17 ical restraint’’ means a drug or medication used on 

18 a student to control behavior or restrict freedom of 

19 movement that is not— 

20 (A) prescribed by a licensed physician for 

21 standard treatment of the student’s medical or 

22 psychiatric condition; and 

23 (B) administered for that purpose. 

24 (5) POSITIVE BEHAVIOR SUPPORTS.—The term 

25 ‘‘positive behavior supports’’ means a systematic apVerDate Nov 24 2008 01:58 Dec 10, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2860.IS S2860

tjames on DSKG8SOYB1PROD with BILLS
7 

•S 2860 IS

1 proach to embed evidence-based practices and data2 driven decisionmaking to improve school climate and 

3 culture, including a range of systemic and individ4 ualized strategies to reinforce desired behaviors and 

5 diminish reoccurrence of problem behaviors, in order 

6 to achieve improved academic and social outcomes 

7 and increase learning for all students, including 

8 those with the most complex and intensive behav9 ioral needs. 

10 (6) PROTECTION AND ADVOCACY SYSTEM.—The 

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

12 protection and advocacy system established under 

13 section 143 of the Developmental Disabilities Assist14 ance and Bill of Rights Act of 2000 (42 U.S.C. 

15 15043). 

16 (7) SCHOOL.—The term ‘‘school’’ means an en17 tity that— 

18 (A) is— 

19 (i) a public or private day or residen20 tial elementary school or secondary school; 

21 or 

22 (ii) an early childhood, elementary 

23 school, or secondary school program that is 

24 under the jurisdiction of a school, eduVerDate Nov 24 2008 01:58 Dec 10, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2860.IS S2860

tjames on DSKG8SOYB1PROD with BILLS
8 

•S 2860 IS

1 cational service agency, or other edu2 cational institution or program; and 

3 (B) receives, or serves students who re4 ceive, support in any form from any program 

5 supported in whole or in part, directly or indi6 rectly, with funds appropriated to the Depart7 ment of Education. 

8 (8) SCHOOL PERSONNEL.—The term ‘‘school 

9 personnel’’ means school personnel and school re10 source officers, as such terms are defined in section 

11 4151 of the Elementary and Secondary Education 

12 Act of 1965 (20 U.S.C. 7161). 

13 (9) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Education. 

15 (10) STATE-APPROVED TRAINING PROGRAM.— 

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

17 a training program approved by a State that, at a 

18 minimum, provides— 

19 (A) evidence-based techniques shown to be 

20 effective in the prevention, and safe use, of se21 clusion and physical restraint; 

22 (B) evidence-based skills training that is 

23 related to positive behavior supports, conflict 

24 prevention, de-escalation, and conflict manage25 ment; 


tjames on DSKG8SOYB1PROD with BILLS
9 

•S 2860 IS

1 (C) first aid and cardiopulmonary resus2 citation; and 

3 (D) certification for school personnel in the 

4 techniques and skills described in subpara5 graphs (A) through (C), which shall be required 

6 to be renewed on a periodic basis. 

7 (11) STATE EDUCATIONAL AGENCY.—The term 

8 ‘‘State educational agency’’ means a State edu9 cational agency, as defined in section 9101 of the 

10 Elementary and Secondary Education Act of 1965 

11 (20 U.S.C. 7801), that receives support in any form 

12 from an applicable program. 

13 (12) STUDENT.—The term ‘‘student’’ means a 

14 student— 

15 (A) who is enrolled in a school; and 

16 (B) in the case of a student enrolled in a 

17 private school, who receives support in any form 

18 from any applicable program or any program 

19 supported in whole, in part, directly, or indi20 rectly with funds appropriated to the Depart21 ment of Education or under the Head Start Act 

22 (42 U.S.C. 9831 et seq.). 

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

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

25 after the date of enactment of this Act, the Secretary shall 


tjames on DSKG8SOYB1PROD with BILLS
10 

•S 2860 IS

1 prescribe regulations to protect each student from physical 

2 or mental abuse, aversive behavioral interventions that 

3 compromise student health and safety, or any physical re4 straint or seclusion imposed for purposes of discipline or 

5 convenience or in a manner otherwise inconsistent with 

6 this Act. Such regulations shall, at a minimum, include 

7 regulations for the following standards: 

8 (1) School personnel shall be prohibited from 

9 imposing on any student the following: 

10 (A) Mechanical restraint. 

11 (B) Chemical restraint. 

12 (C) Physical restraint that restricts air 

13 flow to the lungs. 

14 (D) Aversive behavioral intervention that 

15 compromises health and safety. 

16 (2) School personnel shall be prohibited from 

17 imposing physical restraint or seclusion on a student 

18 unless— 

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

21 school personnel, or others; and 

22 (B) less restrictive interventions would be 

23 ineffective in stopping such imminent danger of 

24 physical injury. 


tjames on DSKG8SOYB1PROD with BILLS
11 

•S 2860 IS

1 (3) In the event physical restraint or seclusion 

2 is imposed upon a student, such physical restraint or 

3 seclusion shall— 

4 (A) end upon the cessation of the condi5 tions described in paragraph (2); 

6 (B) be imposed by school personnel who— 

7 (i) continuously monitor the student 

8 face-to-face; or 

9 (ii) if school personnel safety is sig10 nificantly compromised by such face-to-face 

11 monitoring, are in continuous direct visual 

12 contact with the student; and 

13 (C) be imposed by— 

14 (i) school personnel trained and cer15 tified by a State-approved training pro16 gram that is approved by the Secretary; or 

17 (ii) other school personnel in the case 

18 of a rare and clearly unavoidable emer19 gency circumstance when school personnel 

20 trained and certified as described in clause 

21 (i) are not immediately available due to the 

22 unforeseeable nature of the emergency cir23 cumstance. 

24 (4) Each State and local educational agency 

25 shall ensure that a sufficient number of school perVerDate Nov 24 2008 01:58 Dec 10, 2009 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2860.IS S2860

tjames on DSKG8SOYB1PROD with BILLS
12 

•S 2860 IS

1 sonnel are trained and certified by a State-approved 

2 training program to meet the needs of the specific 

3 student population in each school in the State or 

4 served by the local educational agency, respectively. 

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

6 a planned intervention shall not be written into a 

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

9 (as defined in section 614(d) of the Individuals with 

10 Disabilities Education Act (20 U.S.C. 1414(d))). 

11 (6) Within 72 hours after the imposition of 

12 physical restraint or seclusion upon a student, all 

13 school personnel involved in the physical restraint or 

14 seclusion and appropriate supervisory and adminis15 trative staff shall participate in a debriefing session, 

16 which shall include— 

17 (A) documentation of antecedents to the 

18 physical restraint or seclusion; and 

19 (B) prevention planning. 

20 (7) Each school shall establish procedures to be 

21 followed after each incident involving the imposition 

22 of physical restraint or seclusion upon a student, in23 cluding— 


tjames on DSKG8SOYB1PROD with BILLS
13 

•S 2860 IS

1 (A) procedures to provide to the parent of 

2 the student, with respect to each such inci3 dent— 

4 (i) a documented, reasonable attempt 

5 to provide immediate verbal or electronic 

6 communication on the same day as each 

7 such incident; 

8 (ii) within 24 hours of each such inci9 dent, written notification; and 

10 (iii) advance notice of the debriefing 

11 session described in paragraph (6) that will 

12 be held regarding such incident and an op13 portunity to attend the debriefing session; 

14 and 

15 (B) in a case where serious bodily injury 

16 (as defined in section 1365(h) of title 18, 

17 United States Code) or death of a student of 

18 the school occurs from the use of seclusion or 

19 physical restraint, procedures to notify, in writ20 ing, the State protection and advocacy system 

21 within 24 hours after such incident occurs. 

22 (b) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to authorize the Secretary to pro24 mulgate regulations prohibiting the use of— 

25 (1) time out; and 


tjames on DSKG8SOYB1PROD with BILLS
14 

•S 2860 IS

1 (2) devices implemented by a trained school 

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

3 and approved therapeutic or safety purposes for 

4 which such devices were designed, and, if applicable, 

5 prescribed, including— 

6 (A) restraints for medical immobilization; 

7 (B) adaptive devices or mechanical sup8 ports used to achieve proper body position, bal9 ance, or alignment to allow greater freedom of 

10 mobility than would be possible without the use 

11 of such a mechanical support; or 

12 (C) vehicle safety restraints when used as 

13 intended during the transport of a student in a 

14 moving vehicle. 

15 SEC. 6. STATE PLAN AND DATA COLLECTION REQUIRE16 MENTS AND ENFORCEMENT. 

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

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

19 each State educational agency shall submit to the Sec20 retary a State plan that provides— 

21 (1) assurances to the Secretary that the State 

22 has in effect— 

23 (A) State policies and procedures that 

24 meet the minimum standards required by the 


tjames on DSKG8SOYB1PROD with BILLS
15 

•S 2860 IS

1 regulations prescribed by the Secretary pursu2 ant to section 5(a); and 

3 (B) a State mechanism to effectively mon4 itor and enforce the minimum standards; 

5 (2) a description of the State policies and pro6 cedures described in paragraph (1)(A); and 

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

8 personnel and parents are aware of the State poli9 cies and procedures. 

10 (b) REPORTING.— 

11 (1) REPORTING REQUIREMENTS.—Not later 

12 than 2 years after the date the Secretary promul13 gates regulations pursuant to section 5(a), and each 

14 year thereafter, each State educational agency shall 

15 (in compliance with the requirements of section 444 

16 of the General Education Provisions Act (commonly 

17 known as the ‘‘Family Educational Rights and Pri18 vacy Act of 1974’’) (20 U.S.C. 1232g)) prepare and 

19 submit to the Secretary, and make available to the 

20 public, a report with respect to each local edu21 cational agency, and each school not under the juris22 diction of a local educational agency, located in the 

23 same State as such State educational agency, that 

24 includes the information described in paragraph (2). 

25 (2) INFORMATION REQUIREMENTS.— 


tjames on DSKG8SOYB1PROD with BILLS
16 

•S 2860 IS

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

3 shall include information on— 

4 (i) the total number of incidents in 

5 the preceding full academic year in which 

6 physical restraint was imposed upon a stu7 dent; and 

8 (ii) the total number of incidents in 

9 the preceding full academic year in which 

10 seclusion was imposed upon a student. 

11 (B) DISAGGREGATION.— 

12 (i) GENERAL DISAGGREGATION RE13 QUIREMENTS.—The information described 

14 in subparagraph (A) shall be disaggregated 

15 by— 

16 (I) the total number of incidents 

17 in which physical restraint or seclu18 sion was imposed upon a student— 

19 (aa) that resulted in injury; 

20 (bb) that resulted in death; 

21 and 

22 (cc) in which the school per23 sonnel imposing physical re24 straint or seclusion were not 


tjames on DSKG8SOYB1PROD with BILLS
17 

•S 2860 IS

1 trained and certified as described 

2 in section 5(a)(3)(C)(i); and 

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

7 (aa) the categories described 

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

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

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

12 (bb) age; and 

13 (cc) disability status, which 

14 has the meaning given the term 

15 ‘‘individual with a disability’’ in 

16 paragraph (20) (except for sub17 paragraph (A) of section 7 of the 

18 Rehabilitation Act of 1973) (29 

19 U.S.C. 705(20)). 

20 (ii) UNDUPLICATED COUNT; EXCEP21 TION.—The disaggregation required under 

22 clause (i) shall— 

23 (I) be carried out in a manner to 

24 ensure an unduplicated count of the— 


tjames on DSKG8SOYB1PROD with BILLS
18 

•S 2860 IS

1 (aa) total number of inci2 dents in the preceding full-aca3 demic year in which physical re4 straint was imposed upon a stu5 dent; and 

6 (bb) total number of inci7 dents in the preceding full-aca8 demic year in which seclusion 

9 was imposed upon a student; and 

10 (II) not be required in a case in 

11 which the number of students in a 

12 category would reveal personally iden13 tifiable information about an indi14 vidual student. 

15 (c) ENFORCEMENT.— 

16 (1) IN GENERAL.— 

17 (A) USE OF REMEDIES.—If a State edu18 cational agency fails to comply with subsection 

19 (a) or (b)(2), the Secretary shall— 

20 (i) withhold from the State edu21 cational agency, in whole or in part, fur22 ther payments under an applicable pro23 gram in accordance with section 455 of the 

24 General Education Provisions Act (20 

25 U.S.C. 1234d); 


tjames on DSKG8SOYB1PROD with BILLS
19 

•S 2860 IS

1 (ii) require the State educational 

2 agency to submit and implement, not later 

3 than 1 year after the State’s failure to 

4 comply, a corrective plan of action, which 

5 may include redirection of funds received 

6 under an applicable program after the date 

7 of enactment of this Act; or 

8 (iii) issue a complaint to compel com9 pliance of the State educational agency 

10 through a cease and desist order, in the 

11 same manner the Secretary is authorized 

12 to take such action under section 456 of 

13 the General Education Provisions Act (20 

14 U.S.C. 1234e). 

15 (B) CESSATION OF WITHHOLDING OF

16 FUNDS.—Whenever the Secretary determines 

17 (whether by certification or other appropriate 

18 evidence) that a State educational agency that 

19 is subject to the withholding of payments under 

20 subparagraph (A)(i) has cured the failure pro21 viding the basis for the withholding of pay22 ments, the Secretary shall cease the withholding 

23 of payments with respect to the State edu24 cational agency under such subparagraph. 


tjames on DSKG8SOYB1PROD with BILLS
20 

•S 2860 IS

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

2 subsection shall be construed to limit the Secretary’s 

3 authority under the General Education Provisions 

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

5 SEC. 7. GRANT AUTHORITY. 

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

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

8 educational agencies to assist the State educational agen9 cies in— 

10 (1) establishing, implementing, and enforcing 

11 the policies and procedures to meet the minimum 

12 standards required by regulations prescribed by the 

13 Secretary pursuant to section 5(a); and 

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

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

19 a 3-year period. 

20 (c) APPLICATION.—Each State educational agency 

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

23 accompanied by such information as the Secretary may 

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


tjames on DSKG8SOYB1PROD with BILLS
21 

•S 2860 IS

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

3 (d) AUTHORITY TO MAKE SUBGRANTS.— 

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

5 receiving a grant under this section may carry out 

6 the activities described in subsections (e) and (f), as 

7 required under the grant, by awarding subgrants, on 

8 a competitive basis, to local educational agencies. 

9 (2) APPLICATION.—A local educational agency 

10 desiring to receive a subgrant under paragraph (1) 

11 shall submit an application to the applicable State 

12 educational agency at such time, in such manner, 

13 and containing such information as the State edu14 cational agency may require. 

15 (e) REQUIRED ACTIVITIES.—A State educational 

16 agency receiving a grant under this section shall use such 

17 grant funds to carry out all of the following: 

18 (1) Researching, developing, implementing, and 

19 evaluating strategies, policies, and procedures to re20 duce or eliminate seclusion and physical restraint in 

21 schools, consistent with the minimum standards re22 quired by regulations prescribed by the Secretary 

23 pursuant to section 5(a). 


tjames on DSKG8SOYB1PROD with BILLS
22 

•S 2860 IS

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

3 such standards. 

4 (3) Carrying out the reporting requirements 

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

7 identify student, school personnel, and school needs 

8 related to use of physical restraint and seclusion. 

9 (f) AUTHORIZED ACTIVITIES.—A State educational 

10 agency receiving a grant under this section may use such 

11 grant funds for one or more of the following: 

12 (1) Developing and implementing high-quality 

13 professional development and training programs to 

14 implement evidence-based systematic approaches to 

15 school-wide positive behavior supports, including im16 proving coaching, facilitation, and training capacity 

17 for administrators, teachers, specialized instructional 

18 support personnel, and other staff. 

19 (2) Providing technical assistance to develop 

20 and implement evidence-based systematic approaches 

21 to school-wide positive behavior supports, including 

22 technical assistance for data-driven decisionmaking 

23 related to behavioral supports and interventions in 

24 the classroom. 


tjames on DSKG8SOYB1PROD with BILLS
23 

•S 2860 IS

1 (3) Researching, evaluating, and disseminating 

2 high-quality evidence-based programs and activities 

3 that implement school-wide positive behavior sup4 ports with fidelity. 

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

7 at the end of the grant period— 

8 (1) evaluate the State’s progress toward the re9 duction and elimination of seclusion and physical re10 straint in the schools located in the State, consistent 

11 with the minimum standards required by regulations 

12 prescribed by the Secretary pursuant to section 5(a); 

13 and 

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

15 progress. 

16 SEC. 8. NATIONAL ASSESSMENT. 

17 (a) NATIONAL ASSESSMENT.—The Secretary shall 

18 carry out a national assessment to determine the effective19 ness of this Act, which shall include— 

20 (1) collecting and analyzing data related to se21 clusion, physical restraint, and aversive behavioral 

22 interventions in schools; 

23 (2) analyzing the effectiveness of Federal, 

24 State, and local efforts to reduce the number of se25 clusion and physical restraint incidents in schools; 


tjames on DSKG8SOYB1PROD with BILLS
24 

•S 2860 IS

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

5 (4) identifying personnel training models with 

6 demonstrated success in reducing the number of se7 clusion and physical restraint incidents in schools, 

8 including models that emphasize positive behavior 

9 supports and de-escalation techniques over physical 

10 intervention. 

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

12 Committee on Education and Labor of the House of Rep13 resentatives and the Committee on Health, Education, 

14 Labor, and Pensions of the Senate— 

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

18 enactment of this Act; and 

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

22 SEC. 9. PROTECTION AND ADVOCACY SYSTEMS. 

23 Protection and advocacy systems shall have the au24 thority provided under section 143 of the Developmental 

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


tjames on DSKG8SOYB1PROD with BILLS
25 

•S 2860 IS

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

3 SEC. 10. HEAD START PROGRAMS. 

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

5 Human Services, in consultation with the Secretary of 

6 Education, shall promulgate regulations with respect to 

7 Head Start agencies administering Head Start programs 

8 under the Head Start Act (42 U.S.C. 9801 et seq.) that 

9 establish requirements consistent with— 

10 (1) the requirements established by regulations 

11 promulgated pursuant to section 5(a); and 

12 (2) the reporting and enforcement requirements 

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

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

16 allocate funds to the Secretary of Health and Human 

17 Services to assist the Head Start agencies in establishing, 

18 implementing, and enforcing policies and procedures to 

19 meet the requirements established by regulations promul20 gated pursuant to subsection (a). 

21 SEC. 11. LIMITATION OF AUTHORITY. 

22 Nothing in this Act shall be construed to restrict or 

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

24 rights or remedies otherwise available to students or the 

25 families of students under Federal or State law. 


tjames on DSKG8SOYB1PROD with BILLS
26 

•S 2860 IS

1 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this Act such sums as may be necessary for fiscal year 

4 2011 and each of the 4 succeeding fiscal years. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS