gram in accordance with section 455 of the 
General Education Provisions Act (20 
U.S.C. 1234d); 
(II) require a State educational agen-
cy to submit, and implement, within 1 year 
of such failure to comply, a corrective plan 
of action, which shall include specific time-
frames and actions, and which may include 
redirection of funds received under an ap-
plicable program; or 
(III) issue a complaint to compel com-
pliance of the State educational agency 
through a cease and desist order, in the 
same manner the Secretary is authorized 
to take such action under section 456 of 
the General Education Provisions Act (20 
U.S.C. 1234e); and 
(ii) refer the State to the Civil Rights 
Division of the Department of Justice and 
the Office for Civil Rights of the Depart-
ment of Education for an investigation. 
(B) CESSATION
OF
WITHHOLDING
OF 
FUNDS.—Whenever the Secretary determines 
(whether by certification or other appropriate 
evidence) that a State educational agency that 
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is subject to the withholding of payments under 
subparagraph (A)(i) has cured the failure pro-
viding the basis for the withholding of pay-
ments, the Secretary shall cease the withholding 
of payments with respect to the State edu-
cational agency under such subparagraph. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to limit the Secretary’s 
authority under the General Education Provisions 
Act (20 U.S.C. 1221 et seq.). 
(3) RIGHTS AND REMEDIES OF STUDENTS AND 
PARENTS.— 
(A) IN
GENERAL.—Nothing in this Act 
shall be construed— 
(i) to restrict or limit, or allow the 
Secretary to restrict or limit, any other 
rights or remedies otherwise available to 
students or parents under Federal, State, 
or local law; or 
(ii) to restrict or limit Federal, State, 
or local laws, regulations, or policies that 
provide for more stringent prohibitions or 
limitations on the use of seclusion, re-
straint, or aversive interventions than the 
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prohibitions or limitations that are pro-
vided for in this Act. 
(B) RELIEF UNDER FEDERAL, STATE, AND 
LOCAL LAW.—A student or parent may file a 
civil action under the Constitution, the Ameri-
cans with Disabilities Act of 1990 (42 U.S.C. 
12101 et seq.), title V of the Rehabilitation Act 
of 1973 (29 U.S.C. 791 et seq.), or other appli-
cable Federal, State, or local law in the case of 
the use of seclusion or restraint in violation of 
this Act seeking relief from the use of seclusion 
or restraint, or other available remedies with re-
spect of such student. 
(C) NONAPPLICABILITY.—Section 615(l) of 
the Individuals with Disabilities Education Act 
(20 U.S.C. 1415(l)) shall not apply to an action 
filed pursuant to this paragraph, regardless of 
whether or not the student is seeking relief that 
is also available under the Individuals with Dis-
abilities Education Act (20 U.S.C. 1400 et 
seq.). 
(d) HEAD START.—The Secretary of Health and 
Human Services, in coordination with the Secretary, 
shall— 
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(1) promulgate regulations with respect to how 
the reporting requirements described under sub-
section (b) shall be carried out with respect to Head 
Start agencies (including Early Head Start agen-
cies) under the Head Start Act (42 U.S.C. 9801 et 
seq.); and 
(2) carry out the enforcement activities de-
scribed in subsection (c) with respect to such agen-
cies. 
SEC. 7. GRANTS FOR STATE EDUCATIONAL AGENCIES. 
(a) IN GENERAL.—From the amount appropriated 
under section 11, the Secretary may award, on a competi-
tive basis, grants to State educational agencies to assist 
the agencies in— 
(1) establishing, implementing, and enforcing 
the policies and procedures to meet the minimum 
standards established by regulations promulgated by 
the Secretary pursuant to section 5(a); 
(2) improving State and local capacity to collect 
and analyze data related to physical restraint; and 
(3) improving school climate and culture by im-
plementing schoolwide positive behavior interventions 
and supports, mental health supports, restorative 
justice programs, trauma-informed care, and crisis 
and de-escalation interventions. 
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(b) DURATION OF GRANT.—A grant under this sec-
tion shall be awarded to a State educational agency for 
a 3-year period. 
(c) APPLICATION.—Each State educational agency 
desiring a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may 
require, including information on how the State edu-
cational agency will target resources to schools and local 
educational agencies in need of assistance related to pre-
venting seclusion, and preventing and reducing physical 
restraint. 
(d) AUTHORITY TO MAKE SUBGRANTS.— 
(1) IN GENERAL.—A State educational agency 
receiving a grant under this section may use such 
grant funds to award subgrants, on a competitive 
basis, to local educational agencies. 
(2) APPLICATION.—A local educational agency 
desiring to receive a subgrant under this section 
shall submit an application to the applicable State 
educational agency at such time, in such manner, 
and containing such information as the State edu-
cational agency may require. 
(e) PRIVATE SCHOOL PARTICIPATION.— 
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(1) IN GENERAL.—A local educational agency 
receiving subgrant funds under this section shall, 
after timely and meaningful consultation with appro-
priate private school officials, ensure that private 
school personnel may participate, on an equitable 
basis, in activities supported by subgrant funds 
under this section. 
(2) PUBLIC CONTROL OF FUNDS.—The control 
of grant and subgrant funds under this section, and 
title to materials, equipment, and property pur-
chased with such funds, shall be in a public agency 
for the uses and purposes provided in this Act, and 
a public agency shall administer such funds, mate-
rials, equipment, and property. 
(3) PROVISION OF SERVICES.— 
(A) 
IN
GENERAL.—Services 
described 
under this section shall be provided— 
(i) by employees of a public agency; or 
(ii) through contract by the public 
agency with an individual or entity. 
(B) INDEPENDENCE; PUBLIC
AGENCY.— 
An individual or entity described in subpara-
graph (A)(ii) that contracts with a public agen-
cy to provide services under this section shall be 
independent of a private school and of any reli-
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gious organization. Individuals providing such 
services shall be employed by and under the 
control and supervision of the public agency. 
(C) COMMINGLING
OF
FUNDS
PROHIB-
ITED.—Funds used to provide services under 
this section shall not be commingled with non- 
Federal funds. 
(f) REQUIRED ACTIVITIES.—A State educational 
agency receiving a grant, or a local educational agency re-
ceiving a subgrant, under this section shall use such grant 
or subgrant funds to carry out the following: 
(1) Establishing and implementing policies to 
prohibit seclusion, mechanical restraint, chemical re-
straint, and other forms of prohibited restraint in 
schools, consistent with the minimum standards es-
tablished by regulations promulgated by the Sec-
retary pursuant to section 5(a). 
(2) Implementing and evaluating strategies and 
procedures to prevent seclusion and to prevent and 
reduce physical restraint in schools, consistent with 
such standards. 
(3) Providing professional development, train-
ing, and certification for school personnel to meet 
such standards. 
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(4) Analyzing the information included in a re-
port prepared under section 6(b) to identify student, 
school personnel, and school needs related to pre-
venting seclusion, and preventing and reducing the 
use of physical restraint. 
(5) Providing training to school resource offi-
cers, school security guards, and, as appropriate, 
school personnel, on how to comply with education 
and civil rights laws, including the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et seq.) 
and the Americans with Disabilities Act of 1990 (42 
U.S.C. 12101 et seq.), when interacting with stu-
dents with disabilities, including, as applicable, when 
conducting law enforcement activities involving a 
students with disabilities. 
(g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addi-
tion to the required activities described in subsection (f), 
a State educational agency receiving a grant, or a local 
educational agency receiving a subgrant, under this sec-
tion may use such grant or subgrant funds for one or more 
of the following: 
(1) Developing and implementing high-quality 
professional development and training programs to 
implement evidence-based systematic approaches to 
schoolwide positive behavior interventions and sup-
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ports, including improving coaching, facilitation, and 
training capacity for administrators, teachers, spe-
cialized instructional support personnel, and other 
staff. 
(2) Providing technical assistance to implement 
evidence-based systematic approaches to schoolwide 
positive behavior interventions and supports, includ-
ing technical assistance for data-driven decision-
making related to behavioral supports and interven-
tions in the classroom. 
(3) Researching, evaluating, and disseminating 
high-quality evidence-based programs and activities 
that implement schoolwide positive behavior inter-
ventions and supports with fidelity. 
(4) Supporting other local positive behavior 
interventions and supports implementation activities 
consistent with this subsection. 
(5) Developing, implementing, and providing 
technical assistance to support evidence-based pro-
grams that reduce the likelihood of physical re-
straint, and support students in reducing behavior 
that can result in physical restraint, such as mental 
health supports, restorative justice programs, trau-
ma-informed care, and crisis and de-escalation inter-
ventions. 
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(h) EVALUATION AND REPORT.—Each State edu-
cational agency receiving a grant under this section shall, 
at the end of the 3-year grant period for such grant— 
(1) evaluate the State’s progress toward the 
prevention of seclusion and the prevention and re-
duction of physical restraint in the schools located in 
the State, consistent with the minimum standards 
established by regulations promulgated by the Sec-
retary pursuant to section 5(a); and 
(2) submit to the Secretary a report on such 
progress. 
SEC. 8. NATIONAL ASSESSMENT. 
(a) NATIONAL ASSESSMENT.—The Secretary shall 
carry out a national assessment to determine the effective-
ness of this Act, which shall include— 
(1) analyzing data related to incidents of phys-
ical restraint in schools; 
(2) analyzing the effectiveness of Federal, 
State, and local efforts to prevent seclusion and pre-
vent and reduce the number of physical restraint in-
cidents in schools; 
(3) identifying the types of programs and serv-
ices that have demonstrated the greatest effective-
ness in preventing seclusion and preventing and re-
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ducing the number of physical restraint incidents in 
schools; and 
(4) identifying evidence-based personnel train-
ing models with demonstrated success in preventing 
seclusion and preventing and reducing the number 
of physical restraint incidents in schools, including 
models that emphasize positive behavior supports 
and de-escalation techniques over physical interven-
tion. 
(b) REPORT.—The Secretary shall submit to the 
Committee on Education and the Workforce of the House 
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate— 
(1) not later than 3 years after the date of en-
actment of this Act, an interim report that summa-
rizes the preliminary findings of the assessment de-
scribed in subsection (a); and 
(2) not later than 5 years after the date of the 
enactment of this Act, a final report of the findings 
of the assessment. 
SEC. 9. PROTECTION AND ADVOCACY SYSTEMS. 
(a) NOTIFICATION.—In a case in which physical in-
jury or death of a student occurs in conjunction with the 
use of seclusion or physical restraint or any intervention 
used to control behavior at a school, the local educational 
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