I 
111TH CONGRESS 
1ST SESSION H. R. 4247 
To prevent and reduce the use of physical restraint and seclusion in schools, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 9, 2009 
Mr. GEORGE MILLER of California (for himself and Mrs. MCMORRIS ROD-
GERS) introduced the following bill; which was referred to the Committee 
on Education and Labor 
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 ‘‘Preventing Harmful 
Restraint and Seclusion in Schools Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Physical restraint and seclusion have re-
sulted in physical injury, psychological trauma, and 
death to children in public and private schools. Na-
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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 
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 
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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. 
(9) The effective implementation of school-wide 
positive behavior supports is linked to greater aca-
demic achievement, significantly fewer disciplinary 
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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 per-
sonnel in schools and promote a positive school cul-
ture 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— 
(A) establishing policies and procedures to 
keep all students and school personnel safe, in-
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cluding students with the most complex and in-
tensive behavioral needs; 
(B) providing school personnel with the 
necessary tools, training, and support to ensure 
the safety of all students and all school per-
sonnel; 
(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 for 
the standard treatment of a student’s medical 
or psychiatric condition; and 
(B) administered as prescribed by the li-
censed physician. 
(2) 
EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘‘educational service agency’’ has the meaning 
given such term in section 9101(17) of the Elemen-
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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 
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 
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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 
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 that— 
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(A) 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, educational 
service agency, or other educational insti-
tution or program; and 
(B) receives, or serves students who re-
ceive, support in any form from any program 
supported in whole or in part, directly or indi-
rectly, with funds appropriated to the Depart-
ment of Education. 
(12) SCHOOL PERSONNEL.—The term ‘‘school 
personnel’’ has the meaning— 
(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 such term in 
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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 TRAINING PROGRAM.— 
The term ‘‘State-approved training program’’ means 
a training program approved by a State and the 
Secretary that, at a minimum, provides— 
(A) evidence-based techniques shown to be 
effective in the prevention, and safe use, of 
physical restraint and seclusion; 
(B) evidence-based skills training related 
to positive behavior supports, safe physical es-
cort, conflict prevention, de-escalation, and con-
flict management; 
(C) first aid and cardiopulmonary resus-
citation; and 
(D) certification for school personnel in the 
techniques and skills described in subpara-
graphs (A) through (C), which shall be required 
to be renewed on a periodic basis. 
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(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 
such term in section 9101(41) of the Elementary 
and 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 private school or 
private program, such term means a student en-
rolled in such school or program who receives sup-
port in any form from any program supported in 
whole or in part, directly or indirectly, with funds 
appropriated to the Department of Education. 
(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 
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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: 
(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; 
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(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 training pro-
gram (as defined in section 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 and local educational agencies shall 
ensure that a sufficient number of personnel are 
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trained and certified by a State-approved training 
program (as defined in section 4(16)) to meet the 
needs of the specific student population 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 Act (20 U.S.C. 1401)). Local edu-
cational agencies or schools may establish policies 
and procedures for use of physical restraint or seclu-
sion in school safety or crisis plans, provided that 
such school plans are not specific to any individual 
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 
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(ii) within 24 hours of each such inci-
dent, written notification; and 
(B) any other procedures the Secretary de-
termines appropriate. 
(b) 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 a trained school 
personnel, or utilized by a student, for the specific 
and approved therapeutic or safety purposes for 
which such devices were designed and, if applicable, 
prescribed, 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. 
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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 train-
ing programs, established by regulations pro-
mulgated 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 training programs in such State; and 
(3) a description of the plans to ensure school 
personnel and parents are aware of the State poli-
cies 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 
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