(C) such physical restraint or seclusion is 
imposed by school personnel who— 
(i) continuously monitor the student 
face-to-face; or 
(ii) if school personnel safety is sig-
nificantly compromised by such face-to-face 
monitoring, are in continuous direct visual 
contact with the student; 
(D) such physical restraint or seclusion is 
imposed by— 
(i) school personnel trained and cer-
tified by a State-approved crisis interven-
tion training program (as defined in sec-
tion 4(16)); or 
(ii) other school personnel in the case 
of a rare and clearly unavoidable emer-
gency circumstance when school personnel 
trained and certified as described in clause 
(i) are not immediately available due to the 
unforeseeable nature of the emergency cir-
cumstance; and 
(E) such physical restraint or seclusion 
end immediately upon the cessation of the con-
ditions described in subparagraphs (A) and (B).
(3) States, in consultation with local edu-
cational agencies and private school officials, shall 
ensure that a sufficient number of personnel are 
trained and certified by a State-approved crisis 
intervention training program (as defined in section 
4(16)) to meet the needs of the specific student pop-
ulation in each school. 
(4) The use of physical restraint or seclusion as 
a planned intervention shall not be written into a 
student’s education plan, individual safety plan, be-
havioral plan, or individualized education program 
(as defined in section 602 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1401)). Local 
educational agencies or schools may establish poli-
cies and procedures for use of physical restraint or 
seclusion in school safety or crisis plans, provided 
that such school plans are not specific to any indi-
vidual student. 
(5) Schools shall establish procedures to be fol-
lowed after each incident involving the imposition of 
physical restraint or seclusion upon a student, in-
cluding— 
(A) procedures to provide to the parent of 
the student, with respect to each such inci-
dent—
(i) an immediate verbal or electronic 
communication on the same day as each 
such incident; and 
(ii) within 24 hours of each such inci-
dent, written notification; and 
(B) any other procedures the Secretary de-
termines appropriate. 
(b) SECRETARY OF THE INTERIOR.—The Secretary 
of the Interior shall ensure that schools operated or fund-
ed by the Department of the Interior comply with the reg-
ulations promulgated by the Secretary under subsection 
(a). 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to authorize the Secretary to pro-
mulgate regulations prohibiting the use of— 
(1) time out (as defined in section 4(20)); or 
(2) devices implemented by trained school per-
sonnel, or utilized by a student, for the specific and 
approved therapeutic or safety purposes for which 
such devices were designed and, if applicable, pre-
scribed, including— 
(A) restraints for medical immobilization; 
(B) adaptive devices or mechanical sup-
ports used to achieve proper body position, bal-
ance, or alignment to allow greater freedom of
mobility than would be possible without the use 
of such devices or mechanical supports; or 
(C) vehicle safety restraints when used as 
intended during the transport of a student in a 
moving vehicle; or 
(3) handcuffs by school resource officers (as 
such term is defined in section 4151(11) of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7161(11)))— 
(A) in the— 
(i) case when a student’s behavior 
poses an imminent danger of physical in-
jury to the student, school personnel, or 
others; or 
(ii) lawful exercise of law enforcement 
duties; and 
(B) less restrictive interventions would be 
ineffective. 
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 
agency shall submit to the Secretary a State plan that pro-
vides—
(1) assurances 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 
(3) a description of the State plans to ensure 
school personnel and parents, including private 
school personnel and parents, are aware of the State 
policies and procedures. 
(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 with respect to each local edu-
cational agency, and each school not under the juris-
diction of a local educational agency, located in the 
same State as such State educational agency that in-
cludes the information described in paragraph (2). 
(2) INFORMATION REQUIREMENTS.— 
(A) GENERAL
INFORMATION
REQUIRE-
MENTS.—The report described in paragraph (1) 
shall include information on— 
(i) the total number of incidents in 
the preceding full-academic year in which 
physical restraint was imposed upon a stu-
dent; and 
(ii) the total number of incidents in 
the preceding full-academic year in which 
seclusion was imposed upon a student. 
(B) DISAGGREGATION.— 
(i) GENERAL
DISAGGREGATION
RE-
QUIREMENTS.—The information described 
in subparagraph (A) shall be disaggregated 
by—
(I) the total number of incidents 
in which physical restraint or seclu-
sion 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 or seclusion were not 
trained and certified as described 
in section 5(a)(2)(D)(i); and 
(II) the demographic characteris-
tics of all students upon whom phys-
ical restraint or seclusion was im-
posed, including— 
(aa) the categories identified 
in section 1111(h)(1)(C)(i) of the 
Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 
6311(h)(1)(C)(i)); 
(bb) age; and 
(cc) disability status (which 
has the meaning given the term 
‘‘individual with a disability’’ in 
section 7(20) of the Rehabilita-
tion Act of 1973 (29 U.S.C. 
705(20))). 
(ii) UNDUPLICATED
COUNT; EXCEP-
TION.—The disaggregation required under 
clause (i) shall— 
(I) be carried out in a manner to 
ensure an unduplicated count of the— 
(aa) total number of inci-
dents in the preceding full-aca-
demic year in which physical re-
straint was imposed upon a stu-
dent; and 
(bb) total number of inci-
dents in the preceding full-aca-
demic year in which seclusion 
was imposed upon a student; and 
(II) not be required in a case in 
which the number of students in a 
category would reveal personally iden-
tifiable 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) withhold, in whole or in part, fur-
ther payments under an applicable pro-
gram (as such term is defined in section 
400(c) of the General Education Provi-
sions Act (20 U.S.C. 1221)) in accordance 
with section 455 of such Act (20 U.S.C. 
1234d); 
(ii) require a State educational agency 
to submit, and implement, within 1 year of 
such failure to comply, a corrective plan of 
action, which may include redirection of 
funds received under an applicable pro-
gram; 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). 
(B) CESSATION
OF
WITHHOLDING
OF 
FUNDS.—Whenever the Secretary determines
(whether by certification or other appropriate 
evidence) that a State educational agency who 
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.). 
SEC. 7. GRANT AUTHORITY. 
(a) IN GENERAL.—From the amount appropriated 
under section 12, the Secretary may award 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 
seclusion; and
(3) improving school climate and culture by im-
plementing school-wide positive behavior support ap-
proaches. 
(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 and reducing physical restraint and seclusion. 
(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.— 
(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 can participate, on an equitable 
basis, in activities supported by grant or subgrant 
funds. 
(2) PUBLIC CONTROL OF FUNDS.—The control 
of funds provided under this section, and title to ma-
terials, equipment, and property purchased with 
such funds, shall be in a public agency, and a public 
agency shall administer such funds, materials, equip-
ment, and property. 
(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) Researching, developing, implementing, and 
evaluating strategies, policies, and procedures to pre-
vent and reduce physical restraint and seclusion in 
schools, consistent with the minimum standards es-
tablished by regulations promulgated by the Sec-
retary pursuant to section 5(a).
(2) Providing professional development, train-
ing, and certification for school personnel to meet 
such standards. 
(3) Carrying out the reporting requirements 
under section 6(b) and analyzing the information in-
cluded in a report prepared under such section to 
identify student, school personnel, and school needs 
related to use of physical restraint and seclusion. 
(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 
school-wide positive behavior supports, including im-
proving coaching, facilitation, and training capacity 
for administrators, teachers, specialized instructional 
support personnel, and other staff. 
(2) Providing technical assistance to develop 
and implement evidence-based systematic approaches 
to school-wide positive behavior supports, including 
technical assistance for data-driven decision-making
related to behavioral supports and interventions in 
the classroom. 
(3) Researching, evaluating, and disseminating 
high-quality evidence-based programs and activities 
that implement school-wide positive behavior sup-
ports with fidelity. 
(4) Supporting other local positive behavior 
support implementation activities consistent with 
this subsection. 
(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 and reduction of physical restraint and 
seclusion in the schools located in the State, con-
sistent with the minimum standards established by 
regulations promulgated by the Secretary pursuant 
to section 5(a); and 
(2) submit to the Secretary a report on such 
progress. 
(i) DEPARTMENT
OF
THE INTERIOR.—From the 
amount appropriated under section 12, the Secretary may 
allocate funds to the Secretary of the Interior for activities 
under this section with respect to schools operated or
funded by the Department of the Interior, under such 
terms as the Secretary of Education may prescribe. 
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 physical restraint 
and seclusion incidents; 
(2) analyzing the effectiveness of Federal, 
State, and local efforts to prevent and reduce the 
number of physical restraint and seclusion incidents 
in schools; 
(3) identifying the types of programs and serv-
ices that have demonstrated the greatest effective-
ness in preventing and reducing the number of phys-
ical restraint and seclusion incidents in schools; and 
(4) identifying evidence-based personnel train-
ing models with demonstrated success in preventing 
and reducing the number of physical restraint and 
seclusion incidents in schools, including models that 
emphasize positive behavior supports and de-esca-
lation techniques over physical intervention. 
(b) REPORT.—The Secretary shall submit to the 
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate— 
(1) an interim report that summarizes the pre-
liminary findings of the assessment described in sub-
section (a) not later than 3 years after the date of 
enactment of this Act; and 
(2) a final report of the findings of the assess-
ment not later than 5 years after the date of the en-
actment of this Act. 
SEC. 9. PROTECTION AND ADVOCACY SYSTEMS. 
Protection and Advocacy Systems shall have the au-
thority provided under section 143 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 
U.S.C. 15043) to investigate, monitor, and enforce protec-
tions provided for students under this Act. 
SEC. 10. HEAD START PROGRAMS. 
(a) REGULATIONS.—The Secretary of Health and 
Human Services, in consultation with the Secretary, shall 
promulgate regulations with respect to Head Start agen-
cies administering Head Start programs under the Head 
Start Act (42 U.S.C. 9801 et seq.) that establish require-
ments consistent with— 
(1) the requirements established by regulations 
promulgated pursuant to section 5(a); and
(2) the reporting and enforcement requirements 
described in subsections (b) and (c) of section 6. 
(b) GRANT AUTHORITY.—From the amount appro-
priated under section 12, the Secretary may allocate funds 
to the Secretary of Health and Human Services to assist 
the Head Start agencies in establishing, implementing, 
and enforcing policies and procedures to meet the require-
ments established by regulations promulgated pursuant to 
subsection (a). 
SEC. 11. LIMITATION OF AUTHORITY. 
(a) IN GENERAL.—Nothing in this Act shall be con-
strued 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 or State law or regu-
lation. 
(b) APPLICABILITY.— 
(1) PRIVATE SCHOOLS.—Nothing in this Act 
shall be construed to affect any private school that 
does not receive, or does not serve students who re-
ceive, support in any form from any program sup-
ported, in whole or in part, with funds appropriated 
to the Department of Education. 
(2) HOME SCHOOLS.—Nothing in this Act shall 
be construed to—