(3) ESEA TERMS.—The terms ‘‘early childhood 
education program’’, ‘‘educational service agency’’, 
‘‘elementary school’’, ‘‘local educational agency’’, 
‘‘other staff’’, ‘‘paraprofessional’’, ‘‘parent’’, ‘‘school 
leader’’, ‘‘secondary school’’, ‘‘specialized instruc-
tional support personnel’’, ‘‘State’’, and ‘‘State edu-
cational agency’’ have the meanings given the terms 
in section 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
(4) MECHANICAL RESTRAINT.—The term ‘‘me-
chanical restraint’’ has the meaning given the term 
in section 595(d)(1) of the Public Health Service 
Act (42 U.S.C. 290jj(d)(1)), except that the mean-
ing shall be applied by substituting ‘‘student’s’’ for 
‘‘resident’s’’. 
(5) MILITARY-CONNECTED DEPENDENTS.—The 
term ‘‘military-connected dependents’’ means chil-
dren described in subparagraphs (B) and (D)(i) of 
section 7003(a)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703(a)(1)). 
(6) PHYSICAL ESCORT.—The term ‘‘physical es-
cort’’ has the meaning given the term in section 
595(d)(2) of the Public Health Service Act (42 
U.S.C. 290jj(d)(2)), except that the meaning shall 
be applied by substituting ‘‘student’’ for ‘‘resident’’. 
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(7) PHYSICAL RESTRAINT.—The term ‘‘physical 
restraint’’ means a personal restriction that immo-
bilizes or reduces the ability of an individual to move 
the individual’s arms, legs, torso, or head freely, ex-
cept that such term does not include a physical es-
cort, mechanical restraint, or chemical restraint. 
(8) POSITIVE BEHAVIOR INTERVENTIONS AND 
SUPPORTS.—The term ‘‘positive behavior interven-
tions and supports’’— 
(A) means a schoolwide, systematic ap-
proach to embed evidence-based practices and 
data-driven decisionmaking to improve school 
climate and culture (including a range of sys-
temic and individualized positive strategies to 
reinforce desired behaviors and diminish reoc-
currence of challenging behaviors), in order to 
achieve improved academic and social outcomes 
and increase learning for all students (including 
students with the most complex and intensive 
behavioral needs); and 
(B) encompasses a range of systemic and 
individualized positive strategies to reinforce de-
sired behaviors, diminish reoccurrence of chal-
lenging behaviors, and teach appropriate behav-
iors to students. 
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(9) PROTECTION AND ADVOCACY SYSTEM.—The 
term ‘‘protection and advocacy system’’ means a 
protection and advocacy system established under 
section 143 of the Developmental Disabilities Assist-
ance and Bill of Rights Act of 2000 (42 U.S.C. 
15043). 
(10) SCHOOL.—The term ‘‘school’’ means— 
(A) an elementary school or secondary 
school; or 
(B) an entity that— 
(i) provides elementary and secondary 
education; and 
(ii) receives, or serves students who 
receive, support in any form from any pro-
gram supported, in whole or in part, with 
Federal funds. 
(11) SCHOOL PERSONNEL.—The term ‘‘school 
personnel’’ means individuals who are employed by 
a school, or who perform services for a school on a 
contractual basis as— 
(A) school leaders; 
(B) teachers; 
(C) specialized instructional support per-
sonnel; 
(D) paraprofessionals; or 
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(E) other staff. 
(12) SCHOOL RESOURCE OFFICER.—The term 
‘‘school resource officer’’ means a sworn law enforce-
ment officer who is— 
(A) assigned by the employing police de-
partment to a local educational agency or 
school; 
(B) contracting with a local educational 
agency or school; or 
(C) employed by a local educational agen-
cy. 
(13) SCHOOL
SECURITY
GUARD.—The term 
‘‘school security guard’’ means a contractor or an 
employee of a local educational agency or school re-
sponsible for addressing one or more of the following 
safety and crime prevention activities in and around 
a school: 
(A) Assisting school personnel in school 
safety incidents. 
(B) Educating students in crime and ille-
gal drug use prevention and safety. 
(C) Developing or expanding community 
justice initiatives for students. 
(D) Training students in conflict resolution 
and supporting restorative justice programs. 
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(E) Serving as a liaison between the school 
and outside agencies, including other law en-
forcement agencies. 
(F) Screening students or visitors to the 
school for prohibited items. 
(14) SECLUSION.—The term ‘‘seclusion’’ means 
the involuntary confinement of a student alone in a 
room or area from which the student is physically 
prevented from leaving, except that such term does 
not include a time out. 
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Education. 
(16) SPECIAL EDUCATION SCHOOL.—The term 
‘‘special education school’’ means a school that fo-
cuses primarily on serving the needs of students 
with disabilities under the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et seq.) or sec-
tion 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794). 
(17) STATE-APPROVED
CRISIS
INTERVENTION 
TRAINING
PROGRAM.—The term ‘‘State-approved 
crisis intervention training program’’ means a train-
ing program approved by a State and the Secretary 
that, at a minimum, provides— 
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(A) training in evidence-based techniques 
shown to be effective in the prevention of phys-
ical restraint; 
(B) evidence-based skills training related 
to positive behavior supports, safe physical es-
cort, conflict prevention, understanding ante-
cedents, de-escalation, and conflict manage-
ment; 
(C) training in evidence-based techniques 
shown to be effective in keeping both school 
personnel and students safe when imposing 
physical restraint; 
(D) training in first aid and cardiopulmo-
nary resuscitation; 
(E) information describing State policies 
and procedures that meet the minimum stand-
ards established by regulations promulgated 
pursuant to section 5(a); and 
(F) certification for school personnel, 
school resources officers, and school security 
guards in the techniques and skills described in 
subparagraphs (A) through (D), which shall be 
required to be renewed on a periodic basis. 
(18) STUDENT.—The term ‘‘student’’ means a 
student enrolled in a school, except that in the case 
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of a student enrolled in a private school or private 
program, such term means a student who receives 
support in any form from any program or activity 
supported, in whole or in part, with Federal funds. 
(19) TIME OUT.—The term ‘‘time out’’ has the 
meaning given the term in section 595(d)(5) of the 
Public Health Service Act (42 U.S.C. 290jj(d)(5)), 
except that the meaning shall be applied by sub-
stituting ‘‘student’’ for ‘‘resident’’. 
SEC. 5. MINIMUM STANDARDS; RULES OF CONSTRUCTION. 
(a) MINIMUM STANDARDS.— 
(1) REGULATIONS.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this Act, to 
protect each student from physical or mental 
abuse, aversive behavioral interventions that 
compromise student health and safety, seclu-
sion, or physical restraint imposed solely for 
purposes of discipline or convenience or in a 
manner otherwise inconsistent with this Act, 
the Secretary shall promulgate regulations es-
tablishing minimum standards consistent with 
this subsection. 
(B) HEAD START.— 
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(i) IN
GENERAL.—The Secretary of 
Health and Human Services, in coordina-
tion with the Secretary, shall promulgate 
regulations under this subsection with re-
spect to Head Start agencies (including 
Early Head Start agencies) under the 
Head Start Act (24 U.S.C. 9801 et seq.). 
(ii) FUNDS.—From the amount ap-
propriated under section 11, the Secretary 
may allocate funds to the Secretary of 
Health and Human Services to assist the 
Head Start agencies (including Early Head 
Start agencies) in establishing, imple-
menting, and enforcing policies and proce-
dures to meet the requirements established 
by regulations promulgated by the Sec-
retary of Health and Human Services 
under clause (i). 
(2) PROHIBITED
ACTIONS.—Each school per-
sonnel, school security guard, and school resource of-
ficer shall be prohibited from imposing on any stu-
dent the following: 
(A) Seclusion. 
(B) Mechanical restraints. 
(C) Chemical restraints. 
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(D) Physical restraint or physical escort 
that is life threatening or that restricts breath-
ing. 
(E) Physical restraint if contraindicated 
based on the student’s disability, health care 
needs, or medical or psychiatric condition, as 
documented in— 
(i) a health care directive or medical 
management plan; 
(ii) a behavior intervention plan; 
(iii) an individualized education pro-
gram or an individualized family service 
plan (as defined in section 602 of the Indi-
viduals with Disabilities Education Act (20 
U.S.C. 1401)); 
(iv) a plan developed pursuant to sec-
tion 504 of the Rehabilitation Act of 1973 
(29 U.S.C. 794) or title II of the Ameri-
cans with Disabilities Act of 1990 (42 
U.S.C. 12131 et seq.); or 
(v) other relevant record made avail-
able to the State or local educational agen-
cy involved. 
(F) Physical restraint that is not in com-
pliance with paragraph (3). 
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(G) Any other form of aversive behavioral 
interventions. 
(3) PHYSICAL RESTRAINT.—The use of physical 
restraint by any school personnel, school security 
guard, or school resource officer shall be considered 
in compliance with the minimum standards promul-
gated under this subsection only if each of the fol-
lowing requirements are met: 
(A) The student’s behavior poses an immi-
nent danger of serious physical injury to the 
student, school personnel, school security guard, 
school resource officer, or others. 
(B) Less restrictive interventions would be 
ineffective in stopping such imminent danger of 
serious physical injury. 
(C) Such physical restraint is imposed by 
school personnel, or a school security guard or 
school resource officer, who— 
(i) continuously monitors the student 
face-to-face; or 
(ii) if school personnel safety, or the 
safety of a school security guard or school 
resource officer, is significantly com-
promised by such face-to-face monitoring, 
such personnel, guard, or officer, is in con-
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tinuous direct visual contact with the stu-
dent by looking directly at the student 
from a distance rather than electronically 
monitoring the student using a security 
camera or other system. 
(D) Such physical restraint is imposed 
by— 
(i) school personnel, or a school re-
source officer or school security guard, 
trained and certified by a State-approved 
crisis intervention training program; or 
(ii) school personnel, or a school secu-
rity guard or school resource officer, not 
trained and certified as described in clause 
(i), in the case of a rare and clearly un-
avoidable emergency circumstance when 
school personnel, or a school resource offi-
cer or school security guard, trained and 
certified as described in clause (i) is not 
immediately available due to the unforesee-
able nature of the emergency circumstance. 
(E) Such physical restraint ends imme-
diately upon the cessation of the conditions de-
scribed in subparagraph (A). 
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(F) The physical restraint does not inter-
fere with the student’s ability to communicate 
in the student’s primary language or primary 
mode of communication. 
(G) The physical restraint uses the least 
amount of force necessary to protect the stu-
dent or others from the threatened injury. 
(4) TRAINING.—Each State, in consultation 
with local educational agency officials, shall ensure 
that a sufficient number of school personnel are 
trained and certified by a State-approved crisis 
intervention training program to meet the needs of 
the specific student population in each school. 
(5) PROHIBITION
ON
PLANNED
INTERVEN-
TION.—The use of physical restraint as a planned 
intervention shall not be written into a student’s 
education plan, individual safety plan, behavioral 
plan, or individualized education program (as de-
fined in section 602 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401)), except that 
local educational agencies or schools may establish 
policies and procedures for use of physical restraint 
in school safety or crisis plans, provided that such 
a plan is not specific to any individual student. 
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(6) PROCEDURES
FOLLOWING
PHYSICAL
RE-
STRAINT.—Each school shall establish procedures to 
be followed after an incident involving the imposition 
of physical restraint upon a student, which shall in-
clude each of the following: 
(A) Procedures to provide to the parent of 
the student, with respect to such incident— 
(i) an immediate verbal or electronic 
communication, as soon as is practicable 
and not later than the same day as the in-
cident; and 
(ii) written notification, as soon as is 
practicable, and not later than 24 hours 
after the incident that shall include, at 
minimum— 
(I) a description of the incident, 
including precipitating events; 
(II) positive interventions used 
prior to restraint; 
(III) the length of time of re-
straint; and 
(IV) a description of the serious 
physical injury of the student or oth-
ers to necessitate the use of restraint. 
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(B) A meeting between parents of the stu-
dent and the school, as soon as is practicable, 
and not later than 5 school days following the 
incident (unless such meeting is delayed by 
written mutual agreement of the parent and 
school)— 
(i) which shall include, at a min-
imum— 
(I) the parent of such student; 
(II) the student involved (if ap-
propriate); 
(III) the school personnel, school 
resource officer, or school security 
guard who imposed the restraint; 
(IV) a teacher of such student; 
(V) a school leader of such stu-
dent; and 
(VI) an expert on behavior inter-
ventions, who may be a special edu-
cation teacher; 
(ii) the purpose of which shall be to 
discuss the incident, as described by both 
the student and the school personnel, or 
the school resource officer or school secu-
rity guard involved, including— 
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(I) any precipitating events; 
(II) how the incident occurred; 
and 
(III) prior positive behavior inter-
ventions and supports used to de-esca-
late the situation; and 
(iii) which shall include— 
(I) the discussion of proactive 
strategies to prevent future need for 
the use of restraint; 
(II)(aa) for a student identified 
as eligible to receive accommodations 
under section 504 of the Rehabilita-
tion Act of 1973 (29 U.S.C. 794) or 
title II of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12131 et 
seq.), or accommodations or special 
education or related services under 
the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.), 
a discussion of the need for a func-
tional behavioral assessment and a be-
havior intervention plan; or 
(bb) for a student not identified 
as eligible to receive accommodations 
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under the provisions of law described 
in item (aa), evidence of a referral for 
such accommodations or special edu-
cation or related services, or docu-
mentation of the basis for declining to 
such a referral for the student; 
(III) provision to the parent, for 
use during the meeting, a written 
statement from each adult witness 
who was in the proximity of the stu-
dent immediately before and during 
the time of the physical restraint, but 
was not directly involved in such re-
straint; and 
(IV) an assurance that in a case 
in which the student attends the 
meeting, 
the 
information 
commu-
nicated by the student in that meeting 
will be for purposes of debriefing an 
incident where restraint was imposed 
upon the student, and— 
(aa) may only be shared to 
the extent necessary to protect 
the safety of the student or oth-
ers; and 
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(bb) 
may 
not 
be 
used 
against the student in any dis-
ciplinary, criminal, or civil inves-
tigations or proceedings. 
(C) Any other procedures consistent with 
this Act that the Secretary determines appro-
priate. 
(b) SCHOOLS OPERATED OR FUNDED BY DEPART-
MENT OF THE INTERIOR.—The Secretary of the Interior 
shall ensure that schools operated or funded by the De-
partment of the Interior comply with the regulations pro-
mulgated by the Secretary under subsection (a). 
(c) SCHOOLS OPERATED OR FUNDED BY THE DE-
PARTMENT OF DEFENSE.—The Secretary of Defense shall 
ensure that schools operated or funded by the Department 
of Defense Education Activity or otherwise operated or 
funded by the Department of Defense for the education 
of military-connected dependents comply with the regula-
tions promulgated by the Secretary under subsection (a). 
(d) RULES OF CONSTRUCTION.— 
(1) IN GENERAL.—Nothing in this Act shall be 
construed to authorize the Secretary to promulgate 
regulations prohibiting the use of— 
(A) time out; and 
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(B) devices implemented by trained school 
personnel, or utilized by a student, for the spe-
cific and approved therapeutic or safety pur-
poses for which such devices were designed and, 
if applicable, prescribed, including— 
(i) restraints for medical immobiliza-
tion; 
(ii) adaptive devices or mechanical 
supports used to achieve proper body posi-
tion, balance, or alignment to allow greater 
freedom of mobility than would be possible 
without the use of such devices or mechan-
ical supports; or 
(iii) vehicle safety restraints when 
used as intended during the transport of a 
student in a moving vehicle. 
(2) LAW ENFORCEMENT.—Nothing in this Act 
shall be construed to prevent a sworn law enforce-
ment officer from carrying out the duties of the offi-
cer under otherwise applicable law. 
SEC. 6. STATE PLAN AND REPORT REQUIREMENTS AND EN-
FORCEMENT. 
(a) STATE PLAN.—Not later than 2 years after the 
Secretary promulgates regulations pursuant to section 
5(a), and each year thereafter, each State educational 
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agency shall submit to the Secretary a State plan that pro-
vides— 
(1) demonstrations to the Secretary that the 
State has in effect— 
(A) State policies and procedures that 
meet the minimum standards, including the 
standards with respect to State-approved crisis 
intervention training programs, established by 
regulations promulgated pursuant to section 
5(a); and 
(B) a State mechanism to effectively mon-
itor and enforce the minimum standards; 
(2) a description of the State policies and pro-
cedures, including a description of the State-ap-
proved crisis intervention training programs in such 
State and how the State ensures accurate and timely 
reporting to the Office for Civil Rights of the De-
partment of Education; 
(3) a description of the State plans to ensure 
school personnel, students, and parents (including 
private school personnel, students, and parents) are 
aware of the State policies and procedures; 
(4) a description of the State activities de-
scribed in the State plan and approved by the Sec-
retary as required under section 1111(g) of the Ele-
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mentary and Secondary Education Act of 1965 (20 
U.S.C. 6311(g)) that reduce aversive behavioral 
interventions and improve school conditions; 
(5) a description of the State efforts to engage 
stakeholders for input on the development of State 
policies and procedures to meet the minimum stand-
ards of this Act, which shall include consultation 
with— 
(A) parents; 
(B) individuals with disabilities; 
(C) advocacy organizations representing in-
dividuals with disabilities; 
(D) teachers; 
(E) school personnel; 
(F) administrators; 
(G) civil rights organizations; and 
(H) mental health experts; and 
(6) a description of oversight of schools that in-
cludes— 
(A) monitoring use of restraint in the 
schools; 
(B) monitoring compliance with the prohi-
bition on seclusion in schools; 
(C) not less than every 6 months, discus-
sions between State educational agency officials 
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and school leaders to discuss the progress of re-
ducing the use of physical restraint in schools; 
(D) not less than annual site visits to the 
special education schools in the State; and 
(E) technical assistance to focus on the use 
of proactive, positive interventions. 
(b) REPORTING.— 
(1) REPORTING
REQUIREMENTS.—Not later 
than 2 years after the date the Secretary promul-
gates regulations pursuant to section 5(a), and each 
year thereafter, each State educational agency shall 
(in compliance with the requirements of section 444 
of the General Education Provisions Act (commonly 
known as the Family Educational Rights and Pri-
vacy Act of 1974) (20 U.S.C. 1232g)) prepare and 
submit to the Secretary, and make available to the 
public, a report that includes the information de-
scribed in paragraph (2), with respect to each local 
educational agency, each special education school, 
and each school not under the jurisdiction of a local 
educational agency, located in the same State as 
such State educational agency. 
(2) INFORMATION REQUIREMENTS.— 
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(A) GENERAL
INFORMATION
REQUIRE-
MENTS.—The report described in paragraph (1) 
shall include— 
(i) with respect to physical restraint 
imposed upon students in the preceding 
full academic year— 
(I) the total number of such inci-
dents; 
(II) the total number of students 
upon whom such restraint was im-
posed; 
(III) in the case in which such 
restraint was imposed more than 
twice on a student, the number of 
times such student was so restrained; 
and 
(IV) the total number of such in-
cidents where the use of restraint is 
referred to law enforcement; and 
(ii) other information relevant to im-
plementation of this Act, as determined by 
the Secretary. 
(B) DISAGGREGATION.— 
(i) GENERAL
DISAGGREGATION
RE-
QUIREMENTS.—The information described 
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in subparagraph (A) shall be disaggre-
gated— 
(I) by the total number of inci-
dents in which physical restraint was 
imposed upon a student— 
(aa) that resulted in injury; 
(bb) that resulted in death; 
and 
(cc) in which the school per-
sonnel 
imposing 
physical 
re-
straint were not trained and cer-
tified as described in section 
5(a)(3)(D)(i); 
(II) by the demographic charac-
teristics of all students upon whom 
physical restraint was imposed, in-
cluding disaggregation— 
(aa) by each major racial 
and ethnic group, economically 
disadvantaged students as com-
pared to students who are not 
economically 
disadvantaged, 
English proficiency status, sex, 
and migrant status; 
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(bb) by students with an in-
dividualized education program 
under section 614(d) of the Indi-
viduals with Disabilities Edu-
cation Act (20 U.S.C. 1414(d)); 
(cc) by students who have a 
plan developed pursuant to sec-
tion 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794); 
and 
(dd) by students who have a 
plan developed pursuant to title 
II of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 
12131 et seq.); 
(III) by the total number of inci-
dents of restraint in which school per-
sonnel, or a school resource officer or 
school security guard was involved, 
which may include the school per-
sonnel, school resource officer, or 
school security guard imposing the 
physical restraint or assisting with the 
physical restraint; and 
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(IV) by the type of school, in-
cluding disaggregation by special edu-
cation school, charter school, and pri-
vate school. 
(ii) UNDUPLICATED
COUNT; EXCEP-
TION.—The disaggregation required under 
clause (i)— 
(I) shall be carried out in a man-
ner to ensure an unduplicated count 
of the total number of incidents in the 
preceding full academic year in which 
physical restraint was imposed upon a 
student; and 
(II) shall not be required in a 
case in which the number of students 
in a category would reveal personally 
identifiable information about an indi-
vidual student. 
(c) ENFORCEMENT.— 
(1) IN GENERAL.— 
(A) USE OF REMEDIES.—If a State edu-
cational agency fails to comply with subsection 
(a) or (b), the Secretary shall— 
(i)(I) withhold, in whole or in part, 
further payments under an applicable pro-
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