I 
112TH CONGRESS 
1ST SESSION H. R. 1381 
To prevent and reduce the use of physical restraint and seclusion in schools, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 6, 2011 
Mr. GEORGE MILLER of California (for himself, Mr. LANGEVIN, Mr. POLIS, 
Mr. HOLT, Mr. HIMES, Mr. HARPER, Mr. SABLAN, Mr. KILDEE, Mr. 
GRIJALVA, Mr. LOEBSACK, Mr. HINCHEY, Mr. PAYNE, Mr. HINOJOSA, 
Mr. BISHOP of New York, Ms. WOOLSEY, Mrs. MCCARTHY of New York, 
Ms. HIRONO, and Mr. SCOTT of Virginia) introduced the following bill; 
which was referred to the Committee on Education and the Workforce 
A BILL 
To prevent and reduce the use of physical restraint and 
seclusion in schools, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Keeping All Students 
Safe Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) Physical restraint and seclusion have re-
sulted in physical injury, psychological trauma, and 
death to children in public and private schools. Na-
tional research shows students have been subjected 
to physical restraint and seclusion in schools as a 
means of discipline, to force compliance, or as a sub-
stitute for appropriate educational support. 
(2) Behavioral interventions for children must 
promote the right of all children to be treated with 
dignity. All children have the right to be free from 
physical or mental abuse, aversive behavioral inter-
ventions that compromise health and safety, and any 
physical restraint or seclusion imposed solely for 
purposes of discipline or convenience. 
(3) Safe, effective, evidence-based strategies are 
available to support children who display challenging 
behaviors in school settings. Staff training focused 
on the dangers of physical restraint and seclusion as 
well as training in evidence-based positive behavior 
supports, de-escalation techniques, and physical re-
straint and seclusion prevention, can reduce the inci-
dence of injury, trauma, and death. 
(4) School personnel have the right to work in 
a safe environment and should be provided training 
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and support to prevent injury and trauma to them-
selves and others. 
(5) Despite the widely recognized risks of phys-
ical restraint and seclusion, a substantial disparity 
exists among many States and localities with regard 
to the protection and oversight of the rights of chil-
dren and school personnel to a safe learning environ-
ment. 
(6) Children are subjected to physical restraint 
and seclusion at higher rates than adults. Physical 
restraint which restricts breathing or causes other 
body trauma, as well as seclusion in the absence of 
continuous face-to-face monitoring, have resulted in 
the deaths of children in schools. 
(7) Children are protected from inappropriate 
physical restraint and seclusion in other settings, 
such as hospitals, health facilities, and non-medical 
community-based facilities. Similar protections are 
needed in schools, yet such protections must ac-
knowledge the differences of the school environment. 
(8) Research confirms that physical restraint 
and seclusion are not therapeutic, nor are these 
practices effective means to calm or teach children, 
and may have an opposite effect while simulta-
neously decreasing a child’s ability to learn. 
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(9) The effective implementation of school-wide 
positive behavior supports is linked to greater aca-
demic achievement, significantly fewer disciplinary 
problems, increased instruction time, and staff per-
ception of a safer teaching environment. 
SEC. 3. PURPOSES. 
The purposes of this Act are to— 
(1) prevent and reduce the use of physical re-
straint and seclusion in schools; 
(2) ensure the safety of all students and school 
personnel in schools and promote a positive school 
culture and climate; 
(3) protect students from— 
(A) physical or mental abuse; 
(B) aversive behavioral interventions that 
compromise health and safety; and 
(C) any physical restraint or seclusion im-
posed solely for purposes of discipline or con-
venience; 
(4) ensure that physical restraint and seclusion 
are imposed in school only when a student’s behavior 
poses an imminent danger of physical injury to the 
student, school personnel, or others; and 
(5) assist States, local educational agencies, 
and schools in— 
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(A) establishing policies and procedures to 
keep all students, including students with the 
most complex and intensive behavioral needs, 
and school personnel safe; 
(B) providing school personnel with the 
necessary tools, training, and support to ensure 
the safety of all students and school personnel; 
(C) collecting and analyzing data on phys-
ical restraint and seclusion in schools; and 
(D) identifying and implementing effective 
evidence-based models to prevent and reduce 
physical restraint and seclusion in schools. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) CHEMICAL RESTRAINT.—The term ‘‘chem-
ical restraint’’ means a drug or medication used on 
a student to control behavior or restrict freedom of 
movement that is not— 
(A) prescribed by a licensed physician, or 
other qualified health professional acting under 
the scope of the professional’s authority under 
State law, for the standard treatment of a stu-
dent’s medical or psychiatric condition; and 
(B) administered as prescribed by the li-
censed physician or other qualified health pro-
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fessional acting under the scope of the profes-
sional’s authority under State law. 
(2) 
EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘‘educational service agency’’ has the meaning 
given such term in section 9101(17) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801(17)). 
(3) ELEMENTARY SCHOOL.—The term ‘‘elemen-
tary school’’ has the meaning given the term in sec-
tion 9101(18) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(18)). 
(4) LOCAL EDUCATIONAL AGENCY.—The term 
‘‘local educational agency’’ has the meaning given 
the term in section 9101(26) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801(26)). 
(5) 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’’. 
(6) PARENT.—The term ‘‘parent’’ has the 
meaning given the term in section 9101(31) of the 
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Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801(31)). 
(7) 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’’. 
(8) PHYSICAL RESTRAINT.—The term ‘‘physical 
restraint’’ has the meaning given the term in section 
595(d)(3) of the Public Health Service Act (42 
U.S.C. 290jj(d)(3)). 
(9) POSITIVE BEHAVIOR SUPPORTS.—The term 
‘‘positive behavior supports’’ means a systematic ap-
proach to embed evidence-based practices and data- 
driven decisionmaking to improve school climate and 
culture, including a range of systemic and individ-
ualized strategies to reinforce desired behaviors and 
diminish reoccurrence of problem behaviors, in order 
to achieve improved academic and social outcomes 
and increase learning for all students, including 
those with the most complex and intensive behav-
ioral needs. 
(10) PROTECTION AND ADVOCACY SYSTEM.— 
The term ‘‘protection and advocacy system’’ means 
a protection and advocacy system established under 
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section 143 of the Developmental Disabilities Assist-
ance and Bill of Rights Act of 2000 (42 U.S.C. 
15043). 
(11) SCHOOL.—The term ‘‘school’’ means an 
entity— 
(A) that— 
(i) is a public or private— 
(I) day or residential elementary 
school or secondary school; or 
(II) early childhood, elementary 
school, or secondary school program 
that is under the jurisdiction of a 
school, local educational agency, edu-
cational service agency, or other edu-
cational institution or program; and 
(ii) receives, or serves students who 
receive, support in any form from any pro-
gram supported, in whole or in part, with 
funds appropriated to the Department of 
Education; or 
(B) that is a school funded or operated by 
the Department of the Interior. 
(12) SCHOOL PERSONNEL.—The term ‘‘school 
personnel’’ has the meaning— 
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(A) given the term in section 4151(10) of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7161(10)); and 
(B) given the term ‘‘school resource offi-
cer’’ in section 4151(11) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7161(11)). 
(13) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given the term in 
section 9101(38) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(38)). 
(14) SECLUSION.—The term ‘‘seclusion’’ has 
the meaning given the term in section 595(d)(4) of 
the 
Public 
Health 
Service 
Act 
(42 
U.S.C. 
290jj(d)(4)). 
(15) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Education. 
(16) 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— 
(A) training in evidence-based techniques 
shown to be effective in the prevention of phys-
ical restraint and seclusion; 
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(B) training in evidence-based techniques 
shown to be effective in keeping both school 
personnel and students safe when imposing 
physical restraint or seclusion; 
(C) evidence-based skills training related to 
positive behavior supports, safe physical escort, 
conflict prevention, understanding antecedents, 
de-escalation, and conflict management; 
(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 in the 
techniques and skills described in subpara-
graphs (A) through (D), which shall be required 
to be renewed on a periodic basis. 
(17) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 9101 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(18) STATE EDUCATIONAL AGENCY.—The term 
‘‘State educational agency’’ has the meaning given 
the term in section 9101(41) of the Elementary and 
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Secondary Education Act of 1965 (20 U.S.C. 
7801(41)). 
(19) STUDENT.—The term ‘‘student’’ means a 
student enrolled in a school defined in paragraph 
(11), except that in the case 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 supported, in whole or in part, 
with funds appropriated to the Department of Edu-
cation. 
(20) 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; RULE OF CONSTRUCTION. 
(a) MINIMUM STANDARDS.—Not later than 180 days 
after the date of the enactment of this Act, in order to 
protect each student from physical or mental abuse, aver-
sive behavioral interventions that compromise student 
health and safety, or any physical restraint or seclusion 
imposed solely for purposes of discipline or convenience 
or in a manner otherwise inconsistent with this Act, the 
Secretary shall promulgate regulations establishing the 
following minimum standards: 
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(1) School personnel shall be prohibited from 
imposing on any student the following: 
(A) Mechanical restraints. 
(B) Chemical restraints. 
(C) Physical restraint or physical escort 
that restricts breathing. 
(D) Aversive behavioral interventions that 
compromise health and safety. 
(2) School personnel shall be prohibited from 
imposing physical restraint or seclusion on a student 
unless— 
(A) the student’s behavior poses an immi-
nent danger of physical injury to the student, 
school personnel, or others; 
(B) less restrictive interventions would be 
ineffective in stopping such imminent danger of 
physical injury; 
(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; 
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(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 
ends 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 
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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-
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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)))— 
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(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 that includes the information de-
scribed in paragraph (2), with respect to each local 
educational agency, and each school not under the 
jurisdiction of a local educational agency, located in 
the same State as such State educational agency. 
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(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 
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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-
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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); 
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(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 
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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 
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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 
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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-
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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 decisionmaking 
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— 
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(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; 
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(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 the Workforce of the House 
of Representatives and the Committee on Health, Edu-
cation, 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 
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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 
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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— 
(A) affect a home school, whether or not a 
home school is treated as a private school or 
home school under State law; or 
(B) consider parents who are schooling a 
child at home as school personnel. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act for fiscal year 
2012 and each of the 4 succeeding fiscal years. 
SEC. 13. PRESUMPTION OF CONGRESS RELATING TO COM-
PETITIVE PROCEDURES. 
(a) PRESUMPTION.—It is the presumption of Con-
gress that grants awarded under this Act will be awarded 
using competitive procedures based on merit. 
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(b) REPORT TO CONGRESS.—If grants are awarded 
under this Act using procedures other than competitive 
procedures, the Secretary shall submit to Congress a re-
port explaining why competitive procedures were not used. 
SEC. 14. PROHIBITION ON EARMARKS. 
None of the funds appropriated to carry out this Act 
may be used for a congressional earmark as defined in 
clause 9e, of Rule XXI of the rules of the House of Rep-
resentatives of the 112th Congress. 
Æ 
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