I 

117TH CONGRESS 

1ST SESSION H. R. 3474 

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 

MAY 25, 2021 

Mr. BEYER (for himself, Mr. SCOTT of Virginia, Mr. MCEACHIN, Ms. BLUNT

ROCHESTER, Mr. LYNCH, Ms. CLARKE of New York, Ms. PINGREE, Mrs. 

BEATTY, Ms. MOORE of Wisconsin, Mr. COHEN, Mr. LOWENTHAL, Mr. 

LANGEVIN, Mr. CASTEN, Ms. LEE of California, Mr. BROWN, Ms. SCANLON, Mr. GALLEGO, Ms. NORTON, Mr. GARCI ́A of Illinois, Mr. BISHOP

of Georgia, Mr. PANETTA, Mr. MORELLE, Mrs. HAYES, Mr. TONKO, Ms. 

MCCOLLUM, Mr. LEVIN of Michigan, Ms. MENG, Mr. SOTO, Ms. SCHAKOWSKY, Ms. VELA ́ZQUEZ, Mr. KILDEE, Mr. MOULTON, Ms. SHERRILL, 

Mr. PRICE of North Carolina, Mrs. NAPOLITANO, Mr. CONNOLLY, Mr. 

DESAULNIER, Mr. NADLER, Ms. JAYAPAL, Mr. RASKIN, Mr. POCAN, 

Mrs. CAROLYN B. MALONEY of New York, Mr. GRIJALVA, Mr. SUOZZI, 

Mrs. WATSON COLEMAN, Mr. COOPER, Ms. DEAN, Mrs. LAWRENCE, Ms. 

ADAMS, Mrs. MCBATH, Mr. SABLAN, Mr. JONES, Ms. BARRAGA ́N, Mr. 

DANNY K. DAVIS of Illinois, Mr. AUCHINCLOSS, Ms. DELBENE, Mr. 

TAKANO, Mr. ESPAILLAT, Ms. TLAIB, and Mr. TRONE) 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. 

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) LAW ENFORCEMENT OFFICER.—The term 

22 ‘‘law enforcement officer’’— 

23 (A) means any person who— 

24 (i) is a State, Tribal, or local law en25 forcement officer (as defined in section 


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1 1204 of title I of the Omnibus Crime Con2 trol and Safe Streets Act of 1968 (34 

3 U.S.C. 10284); and 

4 (ii) is assigned by the employing law 

5 enforcement agency to a program, who is 

6 contracting with a program, or who is em7 ployed by a program; and 

8 (B) includes an individual referred to as a 

9 ‘‘school resource officer’’ if that individual 

10 meets the definition in subparagraph (A). 

11 (4) MECHANICAL RESTRAINT.—The term ‘‘me12 chanical restraint’’ means the use of devices as a 

13 means of restricting a student’s freedom of move14 ment. 

15 (5) PHYSICAL ESCORT.—The term ‘‘physical es16 cort’’ means the temporary touching or holding of 

17 the hand, wrist, arm, shoulder, or back for the pur18 pose of inducing a student who is acting out to walk 

19 to a safe location. 

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

21 restraint’’ means a personal restriction that immo22 bilizes or reduces the ability of an individual to move 

23 the individual’s arms, legs, torso, or head freely, ex24 cept that such term does not include a physical es25 cort, mechanical restraint, or chemical restraint. 


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1 (7) POSITIVE BEHAVIORAL INTERVENTIONS

2 AND SUPPORTS.—The term ‘‘positive behavioral 

3 interventions and supports’’— 

4 (A) means a schoolwide, systematic ap5 proach that embeds evidence-based practices 

6 and data-driven decision making to improve 

7 school climate and culture in order to achieve 

8 improved academic and social outcomes and in9 crease learning for all students (including stu10 dents with the most complex and intensive be11 havioral needs); and 

12 (B) encompasses a range of systemic and 

13 individualized positive strategies to teach and 

14 reinforce school-expected behaviors, while dis15 couraging and diminishing undesirable behav16 iors. 

17 (8) PROGRAM.—The term ‘‘program’’ means— 

18 (A) all of the operations of a local edu19 cational agency, system of vocational education, 

20 or other school system; 

21 (B) a program that serves children who re22 ceive services for which financial assistance is 

23 provided in accordance with the Head Start Act 

24 (42 U.S.C. 9831 et seq.); or 


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1 (C) an elementary school or secondary 

2 school that is not a public school that enrolls a 

3 student who receives special education and re4 lated services under the Individuals with Dis5 abilities Education Act (20 U.S.C. 1400 et 

6 seq.). 

7 (9) PROGRAM PERSONNEL.— 

8 (A) IN GENERAL.—Subject to subpara9 graph (B), the term ‘‘program personnel’’ 

10 means any agent of a program, including an in11 dividual who is employed by a program, or who 

12 performs services for a program on a contrac13 tual basis, including— 

14 (i) school leaders; 

15 (ii) teachers; 

16 (iii) specialized instructional support 

17 personnel; 

18 (iv) paraprofessionals; or 

19 (v) other staff. 

20 (B) EXCLUSION.—Notwithstanding sub21 paragraph (A), program personnel shall not in22 clude a law enforcement officer or a school se23 curity guard. 

24 (10) PROTECTION AND ADVOCACY SYSTEM.— 

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


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1 a protection and advocacy system established under 

2 section 143 of the Developmental Disabilities Assist3 ance and Bill of Rights Act of 2000 (42 U.S.C. 

4 15043). 

5 (11) SCHOOL SECURITY GUARD.—The term 

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

7 not a sworn law enforcement officer and who is re8 sponsible for addressing one or more of the following 

9 safety and crime prevention activities in and around 

10 a program: 

11 (A) Assisting program personnel in safety 

12 incidents. 

13 (B) Educating students in crime and ille14 gal drug use prevention and safety. 

15 (C) Developing or expanding community 

16 justice initiatives for students. 

17 (D) Training students in conflict resolution 

18 and supporting restorative justice programs. 

19 (E) Serving as a liaison between the pro20 gram and outside agencies, including other law 

21 enforcement agencies. 

22 (F) Screening students or visitors to the 

23 program for prohibited items. 

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

25 the involuntary confinement of a student alone in a 


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1 room or area from which the student is physically 

2 prevented from leaving, except that such term does 

3 not include a time out. 

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

5 means the Secretary of Education. 

6 (14) SPECIAL EDUCATION SCHOOL.—The term 

7 ‘‘special education school’’ means a school that fo8 cuses primarily on serving the needs of students 

9 with disabilities under the Individuals with Disabil10 ities Education Act (20 U.S.C. 1400 et seq.) or sec11 tion 504 of the Rehabilitation Act of 1973 (29 

12 U.S.C. 794). 

13 (15) STATE-APPROVED CRISIS INTERVENTION

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

15 crisis intervention training program’’ means a train16 ing program approved by a State and the Secretary 

17 that, at a minimum, provides— 

18 (A) training in evidence-based techniques 

19 shown to be effective in the prevention of phys20 ical restraint; 

21 (B) evidence-based skills training related 

22 to positive behavioral interventions and sup23 ports, safe physical escort, conflict prevention, 

24 understanding antecedents, deescalation, and 

25 conflict management; 


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1 (C) training in evidence-based techniques 

2 shown to be effective in keeping both school 

3 personnel and students safe when imposing 

4 physical restraint; 

5 (D) training in first aid and 

6 cardiopulmonary resuscitation; 

7 (E) information describing State policies 

8 and procedures to ensure compliance with sec9 tion 101; and 

10 (F) certification for school personnel, law 

11 enforcement officers, and school security guards 

12 in the techniques and skills described in sub13 paragraphs (A) through (D), which shall be re14 quired to be renewed on a periodic basis. 

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

16 (A) for purposes of title I, a student en17 rolled in a program; and 

18 (B) for purposes of title II, a student en19 rolled in an elementary school or secondary 

20 school. 

21 (17) TIME OUT.— 

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

23 means a behavior management technique that 

24 may involve the separation of the student from 

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


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1 (B) CLARIFICATION.—The term ‘‘time 

2 out’’ does not include— 

3 (i) seclusion; or 

4 (ii) a separation of the student de5 scribed in subparagraph (A) from which 

6 such student is physically or otherwise pro7 hibited from leaving. 

8 TITLE I—PROHIBITIONS ON RE9 STRAINT AND SECLUSION 

10 AND ADDITIONAL REQUIRE11 MENTS 

12 SEC. 101. PROHIBITION, ADDITIONAL REQUIREMENTS. 

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

14 unlawful seclusion or restraint by program personnel, a 

15 law enforcement officer, or a school security guard, while 

16 attending any program that receives Federal financial as17 sistance. 

18 (b) UNLAWFUL SECLUSION OR RESTRAINT DE19 FINED.— 

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

21 ‘‘unlawful seclusion or restraint’’ means— 

22 (A) seclusion; 

23 (B) mechanical restraint; 

24 (C) chemical restraint; 


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1 (D) physical restraint or physical escort 

2 that is life threatening, that restricts breathing, 

3 or that restricts blood flow to the brain, includ4 ing prone and supine restraint; 

5 (E) physical restraint that is contra6 indicated based on the student’s disability, 

7 health care needs, or medical or psychiatric con8 dition, as documented in— 

9 (i) a health care directive or medical 

10 management plan; 

11 (ii) a behavior intervention plan; 

12 (iii) an individualized education pro13 gram or an individualized family service 

14 plan (as defined in section 602 of the Indi15 viduals with Disabilities Education Act (20 

16 U.S.C. 1401)); 

17 (iv) a plan developed pursuant to sec18 tion 504 of the Rehabilitation Act of 1973 

19 (29 U.S.C. 794) or title II of the Ameri20 cans with Disabilities Act of 1990 (42 

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

22 (v) another relevant record made 

23 available to the State or program involved; 

24 or 


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1 (F) physical restraint that is not in compli2 ance with subsection (e)(1). 

3 (2) NOT INCLUDED.—The term ‘‘unlawful se4 clusion or restraint’’ shall not include— 

5 (A) a time out; or 

6 (B) a device implemented by trained school 

7 personnel, or utilized by a student, for the spe8 cific and approved therapeutic or safety pur9 poses for which such devices were designed and, 

10 if applicable, prescribed, provided that such de11 vices are not used to purposefully cause a stu12 dent pain as a means of behavioral modifica13 tion, including— 

14 (i) restraints for medical immobiliza15 tion; 

16 (ii) adaptive devices or mechanical 

17 supports used to achieve proper body posi18 tion, balance, or alignment to allow greater 

19 freedom of mobility than would be possible 

20 without the use of such devices or mechan21 ical supports; or 

22 (iii) vehicle safety restraints when 

23 used as intended during the transport of a 

24 student in a moving vehicle. 

25 (c) PRIVATE RIGHT OF ACTION.— 


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1 (1) IN GENERAL.—A student who has been sub2 jected to unlawful seclusion or restraint in violation 

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

4 file a civil action against the program under which 

5 the violation is alleged to have occurred in an appro6 priate district court of the United States or in State 

7 court for declaratory judgement, injunctive relief, 

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

9 (2) LIMITATION ON LIABILITY.—Program per10 sonnel shall not be liable to any person in a pro11 ceeding described in paragraph (1) or in an arbitra12 tion proceeding for a violation of subsection (a). 

13 (3) NO SOVEREIGN IMMUNITY.—No program 

14 shall be immune under the Eleventh Amendment of 

15 the Constitution of the United States from suit in 

16 Federal or State court for a violation of subsection 

17 (a) of this section. 

18 (d) ENFORCEMENT.— 

19 (1) INVESTIGATIONS.— 

20 (A) IN GENERAL.—The Secretary shall ad21 dress any complaints alleging a violation of sub22 section (a) by an entity described in subpara23 graphs (A) or (C) of section 2(8) for an appro24 priate investigation. 


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1 (B) HEAD START.—The Secretary of 

2 Health and Human Services shall address any 

3 complaints alleging a violation of subsection (a) 

4 by an entity described in section 2(8)(B) for an 

5 appropriate investigation. 

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

7 student has been subjected to unlawful seclusion or 

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

9 shall withhold from the program under which the 

10 violation occurred, in whole or in part, further pay11 ments (including payments for administrative costs) 

12 in accordance with section 455 of the General Edu13 cation Provisions Act (20 U.S.C. 1234d). 

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

15 Health and Human Services, in coordination with 

16 the Secretary, shall— 

17 (A) ensure that entities described in sec18 tion 2(8)(B) meet the requirements described in 

19 subsection (e); 

20 (B) promulgate regulations with respect to 

21 how the reporting requirements described in 

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

23 to Head Start agencies (including Early Head 

24 Start agencies) under the Head Start Act (42 

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


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1 (C) in the event a student served by a pro2 gram that serves children who receive services 

3 for which financial assistance is provided in ac4 cordance with the Head Start Act (42 U.S.C. 

5 9831 et seq.) has been subjected to unlawful se6 clusion or restraint in violation of subsection 

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

8 violation occurred, in whole or in part, further 

9 payments (including payments for administra10 tive costs) in accordance with section 646 of the 

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

12 (e) ADDITIONAL REQUIREMENTS.—The Secretary 

13 shall ensure that each program that receives Federal fi14 nancial assistance meets the following requirements: 

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

16 restraint by any program personnel, a school secu17 rity guard, or a law enforcement officer shall be con18 sidered in compliance with the requirements of this 

19 subsection only if each of the following requirements 

20 are met: 

21 (A) The student’s behavior poses an immi22 nent danger of serious physical injury to the 

23 student, program personnel, a school security 

24 guard, a law enforcement officer, or another in25 dividual. 


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1 (B) Before using physical restraint, less 

2 restrictive interventions would be ineffective in 

3 stopping such imminent danger of serious phys4 ical injury. 

5 (C) Such physical restraint is imposed 

6 by— 

7 (i) program personnel, a school secu8 rity guard, or a law enforcement officer 

9 trained and certified by a State-approved 

10 crisis intervention training program; or 

11 (ii) program personnel, a school secu12 rity guard, or a law enforcement officer 

13 not trained and certified as described in 

14 clause (i), in the case of a rare and clearly 

15 unavoidable emergency circumstance when 

16 program personnel, a school security 

17 guard, or a law enforcement officer trained 

18 and certified as described in clause (i) is 

19 not immediately available due to the un20 foreseeable nature of the emergency cir21 cumstance. 

22 (D) Such physical restraint ends imme23 diately upon the cessation of the imminent dan24 ger of serious physical injury to the student, 


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1 any program personnel, a school security guard, 

2 a law enforcement officer, or another individual. 

3 (E) The physical restraint does not inter4 fere with the student’s ability to communicate 

5 in the student’s primary language or primary 

6 mode of communication. 

7 (F) During the physical restraint, the least 

8 amount of force necessary is used to protect the 

9 student or others from the threatened injury. 

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

11 with program officials and State Directors of Head 

12 Start Collaboration (as described in section 642B of 

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

14 that a sufficient number of program personnel are 

15 trained and certified by a State-approved crisis 

16 intervention training program to meet the needs of 

17 the specific student population in each program. 

18 (3) PROHIBITION ON PLANNED INTERVEN19 TION.—The use of physical restraint as a planned 

20 intervention shall not be written into a student’s 

21 education plan, individual safety plan, behavioral 

22 intervention plan, or individualized education pro23 gram (as defined in section 602 of the Individuals 

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

25 except that a program may establish policies and 


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1 procedures for use of physical restraint in program 

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

3 not specific to any individual student. 

4 (4) PROCEDURES FOLLOWING PHYSICAL RE5 STRAINT.—Each program shall establish procedures 

6 to be followed after an incident involving the imposi7 tion of physical restraint upon a student, which shall 

8 include each of the following: 

9 (A) Procedures to provide to the parent of 

10 the student, with respect to such incident— 

11 (i) an immediate verbal or electronic 

12 communication, as soon as is practicable 

13 and not later than the same day as the in14 cident; and 

15 (ii) written notification, as soon as is 

16 practicable, and not later than 24 hours 

17 after the incident that shall include, at 

18 minimum— 

19 (I) a description of the incident, 

20 including precipitating events; 

21 (II) positive interventions used 

22 prior to restraint; 

23 (III) the length of time of re24 straint; and 


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1 (IV) a description of the serious 

2 physical injury of the student or oth3 ers that occurred or was about to 

4 occur that necessitated the use of re5 straint. 

6 (B) A meeting between parents of the stu7 dent and the program, as soon as is practicable, 

8 and not later than 5 school days following the 

9 incident (unless such meeting is delayed by 

10 written mutual agreement of the parent and 

11 program)— 

12 (i) which meeting shall include, at a 

13 minimum— 

14 (I) the parent of such student; 

15 (II) the student involved (if ap16 propriate); 

17 (III) the program personnel, law 

18 enforcement officer, or school security 

19 guard who imposed the restraint; 

20 (IV) a teacher of such student; 

21 (V) a program leader of such stu22 dent; and 

23 (VI) an expert on behavior inter24 ventions, who may be a special edu25 cation teacher; 


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1 (ii) the purpose of which shall be to 

2 discuss the incident, as described by both 

3 the student and the program personnel, 

4 law enforcement officer, or school security 

5 guard involved, including— 

6 (I) any precipitating events; 

7 (II) how the incident occurred; 

8 and 

9 (III) prior positive behavioral 

10 interventions and supports used to de11 escalate the situation; and 

12 (iii) which meeting shall include— 

13 (I) the discussion of proactive 

14 strategies to prevent future need for 

15 the use of physical restraint; 

16 (II)(aa) for a student identified 

17 as eligible to receive accommodations 

18 under section 504 of the Rehabilita19 tion Act of 1973 (29 U.S.C. 794) or 

20 title II of the Americans with Disabil21 ities Act of 1990 (42 U.S.C. 12131 et 

22 seq.), or accommodations or special 

23 education or related services under 

24 the Individuals with Disabilities Edu25 cation Act (20 U.S.C. 1400 et seq.), 


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1 a discussion of the need for a func2 tional behavioral assessment and a be3 havior intervention plan; or 

4 (bb) for a student not identified 

5 as eligible to receive accommodations 

6 under the provisions of law described 

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

8 such accommodations or special edu9 cation or related services, or docu10 mentation of the basis for declining to 

11 make such a referral for the student; 

12 and 

13 (III) providing to the parent, for 

14 use during the meeting, a written 

15 statement from each adult witness 

16 who was in the proximity of the stu17 dent immediately before and during 

18 the time of the physical restraint, but 

19 was not directly involved in such re20 straint. 


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1 TITLE II—STATE PLAN, REPORT2 ING REQUIREMENTS, AND 

3 GRANTS FOR STATE EDU4 CATIONAL AGENCIES 

5 SEC. 201. DEFINITIONS. 

6 In this title: 

7 (1) SCHOOL.—The term ‘‘school’’ means an ele8 mentary school, secondary school, or special edu9 cation school. 

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

11 Start program’’ means a program that serves chil12 dren who receive services for which financial assist13 ance is provided in accordance with the Head Start 

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

15 SEC. 202. STATE PLAN. 

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

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

18 each State educational agency shall submit to the Sec19 retary a State plan that provides— 

20 (1) demonstrations to the Secretary that the 

21 State has in effect— 

22 (A) State policies and procedures that 

23 comply with section 101, including with respect 

24 to State-approved crisis intervention training 

25 programs; and 


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1 (B) a State mechanism to effectively mon2 itor and enforce compliance with section 101; 

3 (2) a description of the State policies and pro4 cedures, including a description of the State-ap5 proved crisis intervention training programs in such 

6 State and how the State ensures accurate and timely 

7 reporting to the Department of Education; 

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

9 program personnel, students, and parents (including 

10 private school personnel, students, and parents) are 

11 aware of the State policies and procedures; 

12 (4) a description of the State activities de13 scribed in the State’s plan under section 1111(g) of 

14 the Elementary and Secondary Education Act of 

15 1965 (20 U.S.C. 6311(g)) that reduce aversive be16 havioral interventions and improve school conditions; 

17 (5) for public comment— 

18 (A) not less than 60 days prior to submis19 sion of the State plan, which shall provide 

20 stakeholders with the opportunity to provide 

21 written comments on the State plan, which 

22 shall be included in the State plan, including— 

23 (i) how the policies and procedures 

24 comply with section 101; 


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1 (ii) the policies and procedures related 

2 to State-approved crisis intervention pro3 grams; 

4 (iii) training provided to program per5 sonnel; and 

6 (iv) notification procedures for par7 ents; and 

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

9 accessible format, which is compliant with the 

10 most recent Web Content Accessibility Guide11 lines, or successor guidelines, for stakeholders 

12 and posted on a website; 

13 (6) written response to the public comments 

14 provided by stakeholders under paragraph (5); and 

15 (7) a description of State oversight of schools 

16 that includes— 

17 (A) monitoring use of restraint in the 

18 schools; 

19 (B) monitoring compliance with the prohi20 bition on seclusion in schools; 

21 (C) not less than every 6 months, discus22 sions between State educational agency officials 

23 and school leaders to examine the progress of 

24 reducing the use of physical restraint in 

25 schools; 


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

2 special education schools in the State; and 

3 (E) technical assistance to focus on the use 

4 of proactive, positive behavioral interventions 

5 and supports. 

6 (b) REPORTING.— 

7 (1) REPORTING REQUIREMENTS.—Not later 

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

9 and each year thereafter— 

10 (A) each State educational agency shall (in 

11 compliance with the requirements of section 

12 444 of the General Education Provisions Act 

13 (commonly known as the Family Educational 

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

15 1232g)) prepare and submit to the Secretary, 

16 and make available to the public, a report that 

17 includes the information described in paragraph 

18 (2), with respect to each local educational agen19 cy, each special education school, and each 

20 school not under the jurisdiction of a local edu21 cational agency, located in the same State as 

22 such State educational agency; and 

23 (B) each Head Start agency (including 

24 each Early Head Start agency) designated 

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


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1 seq.) shall prepare and submit to the Secretary 

2 and the Secretary of Health and Human Serv3 ices, and make available to the public, a report 

4 that includes the information described in para5 graph (2), except that— 

6 (i) such information shall be provided 

7 with respect to each program served by the 

8 agency and with respect to children en9 rolled in Head Start programs; and 

10 (ii) the information described in sub11 clause (II)(bb), subclause (III), and sub12 clause (IV) of paragraph (2)(B)(i) shall 

13 not be required. 

14 (2) INFORMATION REQUIREMENTS.— 

15 (A) GENERAL INFORMATION REQUIRE16 MENTS.—The report described in paragraph (1) 

17 shall include with respect to physical restraint 

18 imposed upon students in the preceding full 

19 academic or program year— 

20 (i) the total number of such incidents; 

21 (ii) the total number of students upon 

22 whom such physical restraint was imposed; 

23 (iii) in the case in which such physical 

24 restraint was imposed more than twice on 


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1 a student, the number of times such stu2 dent or child was so restrained; and 

3 (iv) the total number of such incidents 

4 where the use of physical restraint is re5 ferred to law enforcement. 

6 (B) DISAGGREGATION.— 

7 (i) GENERAL DISAGGREGATION RE8 QUIREMENTS.—The information described 

9 in subparagraph (A) shall be disaggregated 

10 as follows: 

11 (I) With respect to the total 

12 number of incidents in which physical 

13 restraint was imposed upon a student, 

14 disaggregated by each of the fol15 lowing: 

16 (aa) By those that resulted 

17 in injury. 

18 (bb) By those that resulted 

19 in death. 

20 (cc) By those in which the 

21 program personnel imposing 

22 physical restraint was not trained 

23 and certified, as described in sec24 tion 101(e)(1)(C)(i). 


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1 (II) By the demographic charac2 teristics of all students upon whom 

3 physical restraint was imposed, in4 cluding disaggregation— 

5 (aa) by each major racial 

6 and ethnic group, economically 

7 disadvantaged students as com8 pared to students who are not 

9 economically disadvantaged, 

10 English proficiency status, and 

11 sex; 

12 (bb) by students with an in13 dividualized education program 

14 under section 614(d) of the Indi15 viduals with Disabilities Edu16 cation Act (20 U.S.C. 1414(d)); 

17 (cc) by students who have a 

18 plan developed pursuant to sec19 tion 504 of the Rehabilitation 

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

21 and 

22 (dd) by students who have a 

23 plan developed pursuant to title 

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1 ities Act of 1990 (42 U.S.C. 

2 12131 et seq.). 

3 (III) By the total number of inci4 dents of physical restraint in which a 

5 law enforcement officer or school se6 curity guard was involved, which may 

7 include the law enforcement officer or 

8 school security guard imposing the 

9 physical restraint or assisting with the 

10 physical restraint. 

11 (IV) By the type of school, in12 cluding disaggregation by special edu13 cation school, charter school, and pri14 vate school. 

15 (ii) UNDUPLICATED COUNT; EXCEP16 TION.—The information and 

17 disaggregation required under subpara18 graphs (A) and (B) shall— 

19 (I) be carried out in a manner to 

20 ensure an unduplicated count of the 

21 total number of incidents in the pre22 ceding full academic year in which 

23 physical restraint was imposed upon a 

24 student; and 


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1 (II) not be required in a case in 

2 which the number of students in a 

3 category would reveal personally iden4 tifiable information about an indi5 vidual student. 

6 SEC. 203. GRANTS FOR STATE EDUCATIONAL AGENCIES. 

7 (a) GRANTS AUTHORIZED.— 

8 (1) IN GENERAL.—From the amount appro9 priated under section 307 to carry out this section 

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

11 State educational agencies with an application ap12 proved under subsection (c), on the basis of their 

13 relative need, as determined with the Secretary in 

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

15 educational agencies in— 

16 (A) establishing, implementing, and enforc17 ing the policies and procedures that ensure 

18 compliance with section 101; 

19 (B) improving State and local capacity to 

20 collect and analyze data related to physical re21 straint; and 

22 (C) improving school climate and culture 

23 by implementing schoolwide positive behavioral 

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1 formed care, and crisis and de-escalation inter2 ventions. 

3 (2) DETERMINATION OF RELATIVE NEED.—In 

4 determining the relative need of State educational 

5 agencies under paragraph (1), the Secretary shall 

6 consider— 

7 (A) the physical restraint and seclusion in8 cidents that occurred at a school served by the 

9 State educational agencies for the most recent 

10 academic year for which data are available; 

11 (B) the capacity needs of the State edu12 cational agency and the local educational agen13 cies served by the State educational agency to 

14 collect and analyze the data described in para15 graph (1)(B); and 

16 (C) whether the State educational agency 

17 has been carrying out the activities described in 

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

19 are being implemented. 

20 (3) REPORT.—The Secretary shall provide a re21 port to the Committee on Health, Education, Labor, 

22 and Pensions of the Senate and the Committee on 

23 Education and Labor of the House of Representa24 tives not later than 60 days after the date the Sec25 retary awards a grant to a State under this section 


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1 detailing why the State was chosen and how the cri2 teria described in subparagraphs (A), (B), and (C) 

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

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

6 a 3-year period. 

7 (c) APPLICATION.— 

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

9 grant under this section, each State educational 

10 agency desiring a grant shall submit an application 

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

12 accompanied by such information as the Secretary 

13 may require. 

14 (2) CONTENTS.—Each application submitted 

15 under paragraph (1) shall include— 

16 (A) the total number of incidents in which 

17 physical restraint was imposed upon students 

18 for the most recent school year; 

19 (B) the total number of incidents in which 

20 seclusion was imposed upon students for the 

21 most recent school year; 

22 (C) a description of the State’s data collec23 tion policies and procedures; 

24 (D) a description of crisis intervention or 

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1 vent or reduce physical restraint and seclusion 

2 (if applicable); 

3 (E) a description of statewide initiatives 

4 regarding school climate and culture (if applica5 ble), such as schoolwide positive behavioral 

6 interventions and supports, mental health sup7 ports, restorative justice programs, trauma-in8 formed care, and crisis and de-escalation inter9 ventions; 

10 (F) a description of activities to be funded 

11 under the grant and the goals of such activities, 

12 including how the activities will eliminate seclu13 sion and reduce and prevent physical restraint; 

14 and 

15 (G) a description of how the activities 

16 under the grant will coordinate and align with 

17 current Federal, State, and local policies, pro18 grams, or activities regarding seclusion and 

19 physical restraint, crisis intervention, and 

20 school climate or culture. 

21 (d) AUTHORITY TO MAKE SUBGRANTS.— 

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

23 receiving a grant under this section may use such 

24 grant funds to award subgrants, in the manner de25 termined by the State educational agency, to local 


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1 educational agencies served by the State educational 

2 agency. 

3 (2) APPLICATION.—A local educational agency 

4 desiring to receive a subgrant under this section 

5 shall submit an application to the applicable State 

6 educational agency at such time, in such manner, 

7 and containing such information as the State edu8 cational agency may require. 

9 (3) EARLY CHILDHOOD EDUCATION PROGRAM

10 PARTICIPATION.—A local educational agency receiv11 ing subgrant funds under this section shall ensure 

12 that educators working in an early childhood edu13 cation program, as defined in section 103 of the 

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

15 may participate, to the extent practicable, on an eq16 uitable basis in activities supported by subgrant 

17 funds under this section that are trainings on devel18 opmentally appropriate practices for meeting the 

19 needs of young children. 

20 (e) PRIVATE SCHOOL PARTICIPATION.— 

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

22 receiving subgrant funds under this section shall, 

23 after timely and meaningful consultation with appro24 priate private school officials, ensure that private 

25 school personnel may participate, on an equitable 


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1 basis, in activities supported by subgrant funds 

2 under this section. 

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

4 of grant and subgrant funds under this section, and 

5 title to materials, equipment, and property pur6 chased with such funds, shall be in a public agency 

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

8 a public agency shall administer such funds, mate9 rials, equipment, and property. 

10 (3) PROVISION OF SERVICES.— 

11 (A) IN GENERAL.—Services described 

12 under this section shall be provided— 

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

14 (ii) through contract by the public 

15 agency with an individual or entity. 

16 (B) INDEPENDENCE; PUBLIC AGENCY.— 

17 An individual or entity described in subpara18 graph (A)(ii) that contracts with a public agen19 cy to provide services under this section shall be 

20 independent of a private school and of any reli21 gious organization. Individuals providing such 

22 services shall be employed by and under the 

23 control and supervision of the public agency. 

24 (C) COMMINGLING OF FUNDS PROHIB25 ITED.—Funds used to provide services under 


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1 this section shall not be commingled with non2 Federal funds. 

3 (f) REQUIRED ACTIVITIES.—A State educational 

4 agency receiving a grant, or a local educational agency re5 ceiving a subgrant, under this section shall use such grant 

6 or subgrant funds to carry out the following: 

7 (1) Establishing and implementing policies to 

8 prohibit seclusion, mechanical restraint, chemical re9 straint, and other forms of prohibited restraint in 

10 schools, consistent with section 101. 

11 (2) Implementing and evaluating strategies and 

12 procedures to prevent seclusion and to prevent and 

13 reduce physical restraint in schools, consistent with 

14 such policies. 

15 (3) Providing professional development, train16 ing, and certification for school personnel to comply 

17 with such policies. 

18 (4) Analyzing the information included in a re19 port prepared under section 202(b) to identify stu20 dent, school personnel, and school needs related to 

21 preventing seclusion, and preventing and reducing 

22 the use of physical restraint. 

23 (5) Providing training to school security guards 

24 and, as appropriate, school personnel, on how to 

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1 ing the Individuals with Disabilities Education Act 

2 (20 U.S.C. 1400 et seq.) and the Americans with 

3 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 

4 when interacting with students with disabilities, in5 cluding, when conducting disciplinary actions involv6 ing students with disabilities. 

7 (g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addi8 tion to the required activities described in subsection (f), 

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

10 educational agency receiving a subgrant, under this sec11 tion may use such grant or subgrant funds for one or more 

12 of the following: 

13 (1) Developing and implementing high-quality 

14 professional development and training programs to 

15 implement evidence-based systematic approaches to 

16 schoolwide positive behavioral interventions and sup17 ports, including improving coaching, facilitation, and 

18 training capacity for administrators, school leaders, 

19 teachers, specialized instructional support personnel, 

20 paraprofessionals, and other staff. 

21 (2) Providing technical assistance to implement 

22 evidence-based systematic approaches to schoolwide 

23 positive behavioral interventions and supports, in24 cluding technical assistance for data-driven decision 


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1 making related to behavioral supports and interven2 tions in the classroom. 

3 (3) Researching, evaluating, and disseminating 

4 high-quality evidence-based programs and activities 

5 that implement schoolwide positive behavioral inter6 ventions and supports with fidelity. 

7 (4) Supporting other local positive behavioral 

8 interventions and supports implementation activities 

9 consistent with this subsection. 

10 (5) Developing, implementing, and providing 

11 technical assistance to support evidence-based pro12 grams that reduce the likelihood of physical re13 straint, such as mental health supports, restorative 

14 justice programs, trauma-informed care, and crisis 

15 and de-escalation interventions. 

16 (h) EVALUATION AND REPORT.—Each State edu17 cational agency receiving a grant under this section shall, 

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

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

20 elimination of seclusion and the prevention and re21 duction of physical restraint in the schools located in 

22 the State, consistent with section 101; 

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

24 progress; and 


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1 (3) publish such report on the State educational 

2 agency website in an accessible format. 

3 TITLE III—GENERAL 

4 PROVISIONS 

5 SEC. 301. NATIONAL ASSESSMENT. 

6 (a) NATIONAL ASSESSMENT.—The Secretary shall 

7 carry out a national assessment to determine the effective8 ness of this Act, which shall include— 

9 (1) analyzing data related to incidents of phys10 ical restraint in schools and programs that serve 

11 children who receive services for which financial as12 sistance is provided in accordance with the Head 

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

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

15 (2) analyzing the effectiveness of Federal, 

16 State, and local efforts to eliminate seclusion and 

17 prevent and reduce the number of physical restraint 

18 incidents in schools and Head Start programs; 

19 (3) identifying the types of programs and serv20 ices that have demonstrated the greatest effective21 ness in eliminating and preventing seclusion and 

22 preventing and reducing the number of physical re23 straint incidents in schools and Head Start pro24 grams; and 


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1 (4) identifying evidence-based personnel train2 ing models with demonstrated success in preventing 

3 seclusion and preventing and reducing the number 

4 of physical restraint incidents in schools and Head 

5 Start programs, including models that emphasize 

6 positive behavioral interventions and supports and 

7 de-escalation techniques over physical intervention. 

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

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

10 the Senate and the Committee on Education and Labor 

11 of the House of Representatives— 

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

13 enactment of this Act, an interim report that sum14 marizes the preliminary findings of the assessment 

15 described in subsection (a); and 

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

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

18 of the assessment. 

19 SEC. 302. PROTECTION AND ADVOCACY SYSTEMS. 

20 (a) NOTIFICATION.—In a case in which physical in21 jury or death of a student or of a child enrolled in a Head 

22 Start program occurs in conjunction with the use of seclu23 sion or physical restraint or any intervention used to con24 trol behavior at a school or Head Start program, the local 

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1 ministering a Head Start program under the Head Start 

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

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

4 after such injury or death occurs— 

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

6 case of an agency administering a Head Start 

7 program, the appropriate official at the Depart8 ment of Health and Human Services; 

9 (B) the local law enforcement agency; and 

10 (C) the relevant protection and advocacy 

11 system; and 

12 (2) provide any information that the protection 

13 and advocacy system may require. 

14 (b) RESTATEMENT OF AUTHORITY.—Protection and 

15 advocacy systems shall have the same authorities and 

16 rights provided under subtitle C of title I of the Develop17 mental Disabilities Assistance and Bill of Rights Act of 

18 2000 (42 U.S.C. 15041 et seq.) with respect to protections 

19 provided for students or children enrolled in Head Start 

20 programs under this Act when such students or children 

21 are otherwise eligible to be clients of the protection and 

22 advocacy system, including investigating, monitoring, and 

23 enforcing such protections. 


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1 SEC. 303. SCHOOLS OPERATED OR FUNDED BY THE DE2 PARTMENT OF THE INTERIOR OR THE DE3 PARTMENT OF DEFENSE. 

4 (a) SCHOOLS OPERATED OR FUNDED BY DEPART5 MENT OF THE INTERIOR.—The Secretary of the Interior 

6 shall promulgate regulations to ensure that schools oper7 ated or funded by the Department of the Interior comply 

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

9 (b) SCHOOLS OPERATED OR FUNDED BY THE DE10 PARTMENT OF DEFENSE.—The Secretary of Defense shall 

11 promulgate regulations to ensure that schools operated or 

12 funded by the Department of Defense Education Activity 

13 or otherwise operated or funded by the Department of De14 fense for the education of military-connected dependents 

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

16 7003(a)(1) of the Elementary and Secondary Education 

17 Act of 1965 (20 U.S.C. 7703(a)(1))) comply with the re18 quirements of title I and section 202(b). 

19 SEC. 304. RULE OF CONSTRUCTION. 

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

21 be construed to prohibit a sworn law enforcement officer 

22 with probable cause from arresting a student for violating 

23 a Federal or State criminal law. 


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1 SEC. 305. APPLICABILITY TO PRIVATE SCHOOLS AND HOME 

2 SCHOOLS. 

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

4 construed to affect any private school that does not re5 ceive, or does not serve students who receive, support in 

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

7 or in part, with Federal funds. 

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

9 construed to— 

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

11 school is treated as a private school or home school 

12 under State law; or 

13 (2) consider parents who are schooling a child 

14 at home as program personnel. 

15 SEC. 306. SEVERABILITY. 

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

17 this Act, or the application of such provision or amend18 ment to any person or circumstance is held to be unconsti19 tutional, the remainder of this Act, the amendments made 

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

21 to any person or circumstance shall not be affected there22 by. 


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1 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

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

4 2022 and each succeeding fiscal year. 

Æ 


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