I 
116TH CONGRESS 
2D SESSION 
H. R. 8782 
To prohibit and prevent seclusion, mechanical restraint, chemical restraint, 
and dangerous restraints that restrict breathing, and to prevent and 
reduce the use of physical restraint in schools, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 19, 2020 
Mr. BEYER (for himself, Mr. MCEACHIN, Mr. SCOTT of Virginia, Mr. CON-
NOLLY, Mr. DANNY K. DAVIS of Illinois, Ms. NORTON, Mrs. DAVIS of 
California, Mr. KRISHNAMOORTHI, Ms. JAYAPAL, Mr. LARSON of Con-
necticut, Mr. SEAN PATRICK MALONEY of New York, Mr. TONKO, Ms. 
PINGREE, Mrs. NAPOLITANO, Ms. MOORE, Mr. CA´RDENAS, Mr. GOMEZ, 
Mr. LANGEVIN, Mr. KENNEDY, Mr. DESAULNIER, Ms. WILSON of Flor-
ida, Mr. ESPAILLAT, Mrs. HAYES, Ms. LEE of California, Mr. HIMES, 
Mr. TAKANO, Mrs. CAROLYN B. MALONEY of New York, Ms. CLARK of 
Massachusetts, Mr. COHEN, Mr. MCGOVERN, Mr. JOHNSON of Georgia, 
Ms. MCCOLLUM, Ms. SCHAKOWSKY, Ms. MATSUI, Mr. PRICE of North 
Carolina, Mr. SERRANO, Mrs. BUSTOS, Mr. GRIJALVA, Mr. SABLAN, Ms. 
DEAN, Ms. WILD, Mr. LOWENTHAL, Mrs. BEATTY, Ms. HAALAND, Ms. 
MENG, Mr. CASTEN of Illinois, Ms. BLUNT ROCHESTER, Ms. ADAMS, Mr. 
LEVIN of Michigan, Mr. TRONE, Ms. WEXTON, Mr. BROWN of Maryland, 
Mr. BISHOP of Georgia, Mr. HASTINGS, Ms. PORTER, Mr. SUOZZI, and 
Ms. FUDGE) introduced the following bill; which was referred to the Com-
mittee on Education and Labor, and in addition to the Committee on 
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To prohibit and prevent seclusion, mechanical restraint, 
chemical restraint, and dangerous restraints that restrict 
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breathing, and to prevent and reduce the use of physical 
restraint 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Keeping All Students Safe Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—PROHIBITIONS ON RESTRAINT AND SECLUSION AND 
ADDITIONAL REQUIREMENTS 
Sec. 101. Prohibition, additional requirements. 
TITLE II—STATE PLAN, REPORTING REQUIREMENTS, AND 
GRANTS FOR STATE EDUCATIONAL AGENCIES 
Sec. 201. Definitions. 
Sec. 202. State plan; reporting requirements. 
Sec. 203. Grants for State educational agencies. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. National assessment. 
Sec. 302. Protection and advocacy systems. 
Sec. 303. Schools operated or funded by the Department of the Interior or the 
Department of Defense. 
Sec. 304. Rule of construction. 
Sec. 305. Applicability to private schools and home schools. 
Sec. 306. Severability. 
Sec. 307. Authorization of appropriations. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CHEMICAL RESTRAINT.—The term ‘‘chem-
ical restraint’’ means a drug or medication used on 
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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-
fessional acting under the scope of the profes-
sional’s authority under State law. 
(2) 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). 
(3) MECHANICAL RESTRAINT.—The term ‘‘me-
chanical restraint’’ means the use of devices as a 
means of restricting a student’s freedom of move-
ment. 
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(4) PHYSICAL ESCORT.—The term ‘‘physical es-
cort’’ means the temporary touching or holding of 
the hand, wrist, arm, shoulder, or back for the pur-
pose of inducing a student who is acting out to walk 
to a safe location. 
(5) 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. 
(6) POSITIVE
BEHAVIORAL
INTERVENTIONS 
AND
SUPPORTS.—The term ‘‘positive behavioral 
interventions and supports’’— 
(A) means a schoolwide, systematic ap-
proach that embeds evidence-based practices 
and data-driven decision making to improve 
school climate and culture in order to achieve 
improved academic and social outcomes and in-
crease learning for all students (including stu-
dents with the most complex and intensive be-
havioral needs); and 
(B) encompasses a range of systemic and 
individualized positive strategies to teach and 
reinforce school-expected behaviors, while dis-
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couraging and diminishing undesirable behav-
iors. 
(7) PROGRAM.—The term ‘‘program’’ means— 
(A) all of the operations of a local edu-
cational agency, system of vocational education, 
or other school system; 
(B) a program that serves children who re-
ceive services for which financial assistance is 
provided in accordance with the Head Start Act 
(42 U.S.C. 9831 et seq.); or 
(C) an elementary school or secondary 
school that is not a public school that enrolls a 
student who receives special education and re-
lated services under the Individuals with Dis-
abilities Education Act (20 U.S.C. 1400 et 
seq.). 
(8) PROGRAM PERSONNEL.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘‘program personnel’’ 
means any agent of a program, including an in-
dividual who is employed by a program, or who 
performs services for a program on a contrac-
tual basis, including— 
(i) school leaders; 
(ii) teachers; 
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(iii) specialized instructional support 
personnel; 
(iv) paraprofessionals; or 
(v) other staff. 
(B) EXCLUSION.—Notwithstanding sub-
paragraph (A), program personnel shall not in-
clude a school resource officer or a school secu-
rity guard. 
(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 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 program; 
(B) contracting with a program; or 
(C) employed by a program. 
(11) SCHOOL
SECURITY
GUARD.—The term 
‘‘school security guard’’ means an individual who is 
not a sworn law enforcement officer and who is re-
sponsible for addressing one or more of the following 
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safety and crime prevention activities in and around 
a program: 
(A) Assisting program personnel in 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. 
(E) Serving as a liaison between the pro-
gram and outside agencies, including other law 
enforcement agencies. 
(F) Screening students or visitors to the 
program for prohibited items. 
(12) 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. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Education. 
(14) SPECIAL EDUCATION SCHOOL.—The term 
‘‘special education school’’ means a school that fo-
cuses primarily on serving the needs of students 
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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). 
(15) 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; 
(B) evidence-based skills training related 
to positive behavioral interventions and sup-
ports, safe physical escort, conflict prevention, 
understanding antecedents, de-escalation, and 
conflict management; 
(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 
cardiopulmonary resuscitation; 
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(E) information describing State policies 
and procedures to ensure compliance with sec-
tion 101; and 
(F) certification for school personnel, 
school resource 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. 
(16) STUDENT.—The term ‘‘student’’ means— 
(A) for purposes of title I, a student en-
rolled in a program; and 
(B) for purposes of title II, a student en-
rolled in an elementary school or secondary 
school. 
(17) TIME OUT.— 
(A) IN GENERAL.—The term ‘‘time out’’ 
means a behavior management technique that 
may involve the separation of the student from 
the group or classroom in a non-locked setting. 
(B) CLARIFICATION.—The term ‘‘time 
out’’ does not include— 
(i) seclusion; or 
(ii) a separation of the student de-
scribed in subparagraph (A) from which 
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such student is physically or otherwise pro-
hibited from leaving. 
TITLE I—PROHIBITIONS ON RE-
STRAINT 
AND 
SECLUSION 
AND ADDITIONAL REQUIRE-
MENTS 
SEC. 101. PROHIBITION, ADDITIONAL REQUIREMENTS. 
(a) PROHIBITION.—No student shall be subjected to 
unlawful seclusion or restraint by program personnel, a 
school resource officer, or a school security guard, while 
attending any program that receives Federal financial as-
sistance. 
(b) UNLAWFUL SECLUSION
OR RESTRAINT DE-
FINED.— 
(1) IN
GENERAL.—In this section, the term 
‘‘unlawful seclusion or restraint’’ means— 
(A) seclusion; 
(B) mechanical restraint; 
(C) chemical restraint; 
(D) physical restraint or physical escort 
that is life threatening, that restricts breathing, 
or that restricts blood flow to the brain, includ-
ing prone and supine restraint; 
(E) physical restraint that is contra-
indicated based on the student’s disability, 
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health care needs, or medical or psychiatric con-
dition, 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) another relevant record made 
available to the State or program involved; 
or 
(F) physical restraint that is not in compli-
ance with subsection (e)(1). 
(2) NOT INCLUDED.—The term ‘‘unlawful se-
clusion or restraint’’ shall not include— 
(A) a time out; or 
(B) a device implemented by trained school 
personnel, or utilized by a student, for the spe-
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cific and approved therapeutic or safety pur-
poses for which such devices were designed and, 
if applicable, prescribed, provided that such de-
vices are not used to purposefully cause a stu-
dent pain as a means of behavioral modifica-
tion, 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. 
(c) PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.—A student who has been sub-
jected to unlawful seclusion or restraint in violation 
of subsection (a), or the parent of such student, may 
file a civil action against the program under which 
the violation is alleged to have occurred in an appro-
priate district court of the United States or in State 
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court for declaratory judgement, injunctive relief, 
compensatory relief, attorneys’ fees, or expert fees. 
(2) LIMITATION ON LIABILITY.—Program per-
sonnel shall not be liable to any person in a pro-
ceeding described in paragraph (1) or in an arbitra-
tion proceeding for a violation of subsection (a). 
(3) NO
SOVEREIGN
IMMUNITY.—No program 
shall be immune under the Eleventh Amendment of 
the Constitution of the United States from suit in 
Federal or State court for a violation of subsection 
(a) of this section. 
(d) ENFORCEMENT.— 
(1) INVESTIGATIONS.— 
(A) IN GENERAL.—The Secretary shall ad-
dress any complaints alleging a violation of sub-
section (a) by an entity described in subpara-
graph (A) or (C) of section 2(7) for an appro-
priate investigation. 
(B) HEAD
START.—The Secretary of 
Health and Human Services shall address any 
complaints alleging a violation of subsection (a) 
by an entity described in section 2(7)(B) for an 
appropriate investigation. 
(2) WITHHOLDING PAYMENTS.—In the event a 
student has been subjected to unlawful seclusion or 
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restraint in violation of subsection (a), the Secretary 
shall withhold from the program under which the 
violation occurred, in whole or in part, further pay-
ments (including payments for administrative costs) 
in accordance with section 455 of the General Edu-
cation Provisions Act (20 U.S.C. 1234d). 
(3) HEAD START PROGRAMS.—The Secretary of 
Health and Human Services, in coordination with 
the Secretary, shall— 
(A) ensure that entities described in sec-
tion 2(7)(B) meet the requirements described in 
subsection (e); 
(B) promulgate regulations with respect to 
how the reporting requirements described in 
section 202(b) shall be carried out with respect 
to Head Start agencies (including Early Head 
Start agencies) under the Head Start Act (42 
U.S.C. 9801 et seq.); and 
(C) in the event a student served by a pro-
gram that serves children who receive services 
for which financial assistance is provided in ac-
cordance with the Head Start Act (42 U.S.C. 
9831 et seq.) has been subjected to unlawful se-
clusion or restraint in violation of subsection 
(a), withhold from the program under which the 
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violation occurred, in whole or in part, further 
payments (including payments for administra-
tive costs) in accordance with section 646 of the 
Head Start Act (42 U.S.C. 9841). 
(e) ADDITIONAL REQUIREMENTS.—The Secretary 
shall ensure that each program that receives Federal fi-
nancial assistance meets the following requirements: 
(1) PHYSICAL RESTRAINT.—The use of physical 
restraint by any program personnel, a school secu-
rity guard, or a school resource officer shall be con-
sidered in compliance with the requirements of this 
subsection only if each of the following requirements 
are met: 
(A) The student’s behavior poses an immi-
nent danger of serious physical injury to the 
student, program personnel, a school security 
guard, a school resource officer, or another in-
dividual. 
(B) Before using physical restraint, less 
restrictive interventions would be ineffective in 
stopping such imminent danger of serious phys-
ical injury. 
(C) Such physical restraint is imposed 
by— 
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(i) program personnel, a school secu-
rity guard, or a school resource officer 
trained and certified by a State-approved 
crisis intervention training program; or 
(ii) program personnel, a school secu-
rity guard, or a 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 
program personnel, a school security 
guard, or a school resource officer trained 
and certified as described in clause (i) is 
not immediately available due to the un-
foreseeable nature of the emergency cir-
cumstance. 
(D) Such physical restraint ends imme-
diately upon the cessation of the imminent dan-
ger of serious physical injury to the student, 
any program personnel, a school security guard, 
a school resource officer, or another individual. 
(E) 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. 
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(F) During the physical restraint, the least 
amount of force necessary is used to protect the 
student or others from the threatened injury. 
(2) TRAINING.—Each State, in consultation 
with program officials and State Directors of Head 
Start Collaboration (as described in section 642B of 
the Head Start Act (42 U.S.C. 9837b)), shall ensure 
that a sufficient number of program personnel are 
trained and certified by a State-approved crisis 
intervention training program to meet the needs of 
the specific student population in each program. 
(3) 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 
intervention plan, or individualized education pro-
gram (as defined in section 602 of the Individuals 
with Disabilities Education Act (20 U.S.C. 1401)), 
except that a program may establish policies and 
procedures for use of physical restraint in program 
safety or crisis plans, provided that such a plan is 
not specific to any individual student. 
(4) PROCEDURES
FOLLOWING
PHYSICAL
RE-
STRAINT.—Each program shall establish procedures 
to be followed after an incident involving the imposi-
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tion of physical restraint upon a student, which shall 
include 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 that occurred or was about to 
occur that necessitated the use of re-
straint. 
(B) A meeting between parents of the stu-
dent and the program, as soon as is practicable, 
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and not later than 5 school days following the 
incident (unless such meeting is delayed by 
written mutual agreement of the parent and 
program)— 
(i) which meeting shall include, at a 
minimum— 
(I) the parent of such student; 
(II) the student involved (if ap-
propriate); 
(III) 
the 
program 
personnel, 
school resource officer, or school secu-
rity guard who imposed the restraint; 
(IV) a teacher of such student; 
(V) a program 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 program personnel, 
school resource officer, or school security 
guard involved, including— 
(I) any precipitating events; 
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(II) how the incident occurred; 
and 
(III) prior positive behavioral 
interventions and supports used to de- 
escalate the situation; and 
(iii) which meeting shall include— 
(I) the discussion of proactive 
strategies to prevent future need for 
the use of physical 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 
under the provisions of law described 
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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 
make such a referral for the student; 
and 
(III) providing 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. 
TITLE II—STATE PLAN, REPORT-
ING 
REQUIREMENTS, 
AND 
GRANTS 
FOR 
STATE 
EDU-
CATIONAL AGENCIES 
SEC. 201. DEFINITIONS. 
In this title: 
(1) SCHOOL.—The term ‘‘school’’ means an ele-
mentary school, secondary school, or special edu-
cation school. 
(2) HEAD START PROGRAM.—The term ‘‘Head 
Start program’’ means a program that serves chil-
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dren who receive services for which financial assist-
ance is provided in accordance with the Head Start 
Act (42 U.S.C. 9831 et seq.). 
SEC. 202. STATE PLAN; REPORTING REQUIREMENTS. 
(a) STATE PLAN.—Not later than 2 years after the 
date of enactment of this Act and each year thereafter, 
each State educational agency shall submit to the Sec-
retary a State plan that provides— 
(1) demonstrations to the Secretary that the 
State has in effect— 
(A) State policies and procedures that 
comply with section 101, including with respect 
to State-approved crisis intervention training 
programs; and 
(B) a State mechanism to effectively mon-
itor and enforce compliance with section 101; 
(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 Department of Education; 
(3) a description of the State plan to ensure 
program personnel, students, and parents (including 
private school personnel, students, and parents) are 
aware of the State policies and procedures; 
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(4) a description of the State activities de-
scribed in the State’s plan under section 1111(g) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(g)) that reduce aversive be-
havioral interventions and improve school conditions; 
(5) for public comment— 
(A) not less than 60 days prior to submis-
sion of the State plan, which shall provide 
stakeholders with the opportunity to provide 
written comments on the State plan, which 
shall be included in the State plan, including— 
(i) how the policies and procedures 
comply with section 101; 
(ii) the policies and procedures related 
to State-approved crisis intervention pro-
grams; 
(iii) training provided to program per-
sonnel; and 
(iv) notification procedures for par-
ents; and 
(B) notice of which shall be provided in an 
accessible format, which is compliant with the 
most recent Web Content Accessibility Guide-
lines, or successor guidelines, for stakeholders 
and posted on a website; 
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(6) written response to the public comments 
provided by stakeholders under paragraph (5); and 
(7) a description of State oversight of schools 
that includes— 
(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 
and school leaders to examine the progress of 
reducing 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 behavioral interventions 
and supports. 
(b) REPORTING.— 
(1) REPORTING
REQUIREMENTS.—Not later 
than 2 years after the date of enactment of this Act, 
and each year thereafter— 
(A) each State educational agency shall (in 
compliance with the requirements of section 
444 of the General Education Provisions Act 
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(commonly known as the Family Educational 
Rights and Privacy 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 described in paragraph 
(2), with respect to each local educational agen-
cy, each special education school, and each 
school not under the jurisdiction of a local edu-
cational agency, located in the same State as 
such State educational agency; and 
(B) each Head Start agency (including 
each Early Head Start agency) designated 
under the Head Start Act (42 U.S.C. 9831 et 
seq.) shall prepare and submit to the Secretary 
and the Secretary of Health and Human Serv-
ices, and make available to the public, a report 
that includes the information described in para-
graph (2), except that— 
(i) such information shall be provided 
with respect to each program served by the 
agency and with respect to children en-
rolled in Head Start programs; and 
(ii) the information described in sub-
clause (II)(bb), subclause (III), and sub-
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clause (IV) of paragraph (2)(B)(i) shall 
not be required. 
(2) INFORMATION REQUIREMENTS.— 
(A) GENERAL
INFORMATION
REQUIRE-
MENTS.—The report described in paragraph (1) 
shall include with respect to physical restraint 
imposed upon students in the preceding full 
academic or program year— 
(i) the total number of such incidents; 
(ii) the total number of students upon 
whom such physical restraint was imposed; 
(iii) in the case in which such physical 
restraint was imposed more than twice on 
a student, the number of times such stu-
dent or child was so restrained; and 
(iv) the total number of such incidents 
where the use of physical restraint is re-
ferred to law enforcement. 
(B) DISAGGREGATION.— 
(i) GENERAL
DISAGGREGATION
RE-
QUIREMENTS.—The information described 
in subparagraph (A) shall be disaggregated 
as follows: 
(I) With respect to the total 
number of incidents in which physical 
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restraint was imposed upon a student, 
disaggregated by each of the fol-
lowing: 
(aa) By those that resulted 
in injury. 
(bb) By those that resulted 
in death. 
(cc) By those in which the 
program 
personnel 
imposing 
physical restraint was not trained 
and certified, as described in sec-
tion 101(e)(1)(C)(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, and 
sex; 
(bb) by students with an in-
dividualized education program 
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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 physical restraint in which a 
school resource officer or school secu-
rity guard was involved, which may 
include the school resource officer or 
school security guard imposing the 
physical restraint or assisting with the 
physical restraint. 
(IV) By the type of school, in-
cluding disaggregation by special edu-
cation school, charter school, and pri-
vate school. 
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(ii) UNDUPLICATED
COUNT; EXCEP-
TION.—The 
information 
and 
disaggregation required under subpara-
graphs (A) and (B) shall— 
(I) be carried out in a manner to 
ensure an unduplicated count of the 
total number of incidents in the pre-
ceding full academic year in which 
physical restraint 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. 
SEC. 203. GRANTS FOR STATE EDUCATIONAL AGENCIES. 
(a) GRANTS AUTHORIZED.— 
(1) IN
GENERAL.—From the amount appro-
priated under section 307 to carry out this section 
for a fiscal year, the Secretary shall award grants to 
State educational agencies with an application ap-
proved under subsection (c), on the basis of their 
relative need, as determined with the Secretary in 
accordance with paragraph (2), to assist the State 
educational agencies in— 
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(A) establishing, implementing, and enforc-
ing the policies and procedures that ensure 
compliance with section 101; 
(B) improving State and local capacity to 
collect and analyze data related to physical re-
straint; and 
(C) improving school climate and culture 
by implementing schoolwide positive behavioral 
interventions and supports, mental health sup-
ports, restorative justice programs, trauma-in-
formed care, and crisis and de-escalation inter-
ventions. 
(2) DETERMINATION OF RELATIVE NEED.—In 
determining the relative need of State educational 
agencies under paragraph (1), the Secretary shall 
consider— 
(A) the physical restraint and seclusion in-
cidents that occurred at a school served by the 
State educational agencies for the most recent 
academic year for which data are available; 
(B) the capacity needs of the State edu-
cational agency and the local educational agen-
cies served by the State educational agency to 
collect and analyze the data described in para-
graph (1)(B); and 
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(C) whether the State educational agency 
has been carrying out the activities described in 
paragraph (1)(C) and, if so, how the activities 
are being implemented. 
(3) REPORT.—The Secretary shall provide a re-
port to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on 
Education and Labor of the House of Representa-
tives not later than 60 days after the date the Sec-
retary awards a grant to a State under this section 
detailing why the State was chosen and how the cri-
teria described in subparagraphs (A), (B), and (C) 
of paragraph (2) were applied to select the State. 
(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.— 
(1) IN GENERAL.—To be eligible to receive a 
grant under this section, each State educational 
agency desiring a grant shall submit an application 
to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary 
may require. 
(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
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(A) the total number of incidents in which 
physical restraint was imposed upon students 
for the most recent school year; 
(B) the total number of incidents in which 
seclusion was imposed upon students for the 
most recent school year; 
(C) a description of the State’s data collec-
tion policies and procedures; 
(D) a description of crisis intervention or 
prevention trainings used in the State to pre-
vent or reduce physical restraint and seclusion 
(if applicable); 
(E) a description of statewide initiatives 
regarding school climate and culture (if applica-
ble), such as schoolwide positive behavioral 
interventions and supports, mental health sup-
ports, restorative justice programs, trauma-in-
formed care, and crisis and de-escalation inter-
ventions; 
(F) a description of activities to be funded 
under the grant and the goals of such activities, 
including how the activities will eliminate seclu-
sion and reduce and prevent physical restraint; 
and 
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(G) a description of how the activities 
under the grant will coordinate and align with 
current Federal, State, and local policies, pro-
grams, or activities regarding seclusion and 
physical restraint, crisis intervention, and 
school climate or culture. 
(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, in the manner de-
termined by the State educational agency, to local 
educational agencies served by the State educational 
agency. 
(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. 
(3) EARLY CHILDHOOD EDUCATION PROGRAM 
PARTICIPATION.—A local educational agency receiv-
ing subgrant funds under this section shall ensure 
that educators working in an early childhood edu-
cation program, as defined in section 103 of the 
Higher Education Act of 1965 (20 U.S.C. 1003), 
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may participate, to the extent practicable, on an eq-
uitable basis in activities supported by subgrant 
funds under this section that are trainings on devel-
opmentally appropriate practices for meeting the 
needs of young children. 
(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 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 
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(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-
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 section 101. 
(2) Implementing and evaluating strategies and 
procedures to prevent seclusion and to prevent and 
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reduce physical restraint in schools, consistent with 
such policies. 
(3) Providing professional development, train-
ing, and certification for school personnel to comply 
with such policies. 
(4) Analyzing the information included in a re-
port prepared under section 202(b) to identify stu-
dent, school personnel, and school needs related to 
preventing 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, when conducting 
law enforcement activities involving 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-
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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 
schoolwide positive behavioral interventions and sup-
ports, including improving coaching, facilitation, and 
training capacity for administrators, school leaders, 
teachers, specialized instructional support personnel, 
paraprofessionals, and other staff. 
(2) Providing technical assistance to implement 
evidence-based systematic approaches to schoolwide 
positive behavioral interventions and supports, in-
cluding 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 behavioral inter-
ventions and supports with fidelity. 
(4) Supporting other local positive behavioral 
interventions and supports implementation activities 
consistent with this subsection. 
(5) Developing, implementing, and providing 
technical assistance to support evidence-based pro-
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grams that reduce the likelihood of physical re-
straint, such as mental health supports, restorative 
justice programs, trauma-informed care, and crisis 
and de-escalation interventions. 
(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 
elimination of seclusion and the prevention and re-
duction of physical restraint in the schools located in 
the State, consistent with section 101; 
(2) submit to the Secretary a report on such 
progress; and 
(3) publish such report on the State educational 
agency website in an accessible format. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. 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 and programs that serve 
children who receive services for which financial as-
sistance is provided in accordance with the Head 
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Start Act (42 U.S.C. 9831 et seq.) (referred to in 
this title as ‘‘Head Start programs’’); 
(2) analyzing the effectiveness of Federal, 
State, and local efforts to eliminate seclusion and 
prevent and reduce the number of physical restraint 
incidents in schools and Head Start programs; 
(3) identifying the types of programs and serv-
ices that have demonstrated the greatest effective-
ness in eliminating and preventing seclusion and 
preventing and reducing the number of physical re-
straint incidents in schools and Head Start pro-
grams; 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 and Head 
Start programs, including models that emphasize 
positive behavioral interventions and supports and 
de-escalation techniques over physical intervention. 
(b) REPORT.—The Secretary shall submit to the 
Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Education and Labor 
of the House of Representatives— 
(1) not later than 3 years after the date of the 
enactment of this Act, an interim report that sum-
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marizes the preliminary findings of the assessment 
described 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. 302. PROTECTION AND ADVOCACY SYSTEMS. 
(a) NOTIFICATION.—In a case in which physical in-
jury or death of a student or of a child enrolled in a Head 
Start program occurs in conjunction with the use of seclu-
sion or physical restraint or any intervention used to con-
trol behavior at a school or Head Start program, the local 
educational agency serving such school or the agency ad-
ministering a Head Start program under the Head Start 
Act (42 U.S.C. 9801 et seq.) shall have procedures to— 
(1) notify, in writing, not later than 24 hours 
after such injury or death occurs— 
(A) the State educational agency, or in the 
case of an agency administering a Head Start 
program, the appropriate official at the Depart-
ment of Health and Human Services; 
(B) the local law enforcement agency; and 
(C) the relevant protection and advocacy 
system; and 
(2) provide any information that the protection 
and advocacy system may require. 
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(b) RESTATEMENT OF AUTHORITY.—Protection and 
advocacy systems shall have the same authorities and 
rights provided under subtitle C of title I of the Develop-
mental Disabilities Assistance and Bill of Rights Act of 
2000 (42 U.S.C. 15041 et seq.) with respect to protections 
provided for students or children enrolled in Head Start 
programs under this Act when such students or children 
are otherwise eligible to be clients of the protection and 
advocacy system, including investigating, monitoring, and 
enforcing such protections. 
SEC. 303. SCHOOLS OPERATED OR FUNDED BY THE DE-
PARTMENT OF THE INTERIOR OR THE DE-
PARTMENT OF DEFENSE. 
(a) SCHOOLS OPERATED OR FUNDED BY DEPART-
MENT OF THE INTERIOR.—The Secretary of the Interior 
shall promulgate regulations to ensure that schools oper-
ated or funded by the Department of the Interior comply 
with the requirements of title I and section 202(b). 
(b) SCHOOLS OPERATED OR FUNDED BY THE DE-
PARTMENT OF DEFENSE.—The Secretary of Defense shall 
promulgate regulations to ensure that schools operated or 
funded by the Department of Defense Education Activity 
or otherwise operated or funded by the Department of De-
fense for the education of military-connected dependents 
(as described in subparagraph (B) or (D)(i) of section 
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7003(a)(1) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7703(a)(1))) comply with the re-
quirements of title I and section 202(b). 
SEC. 304. RULE OF CONSTRUCTION. 
Subject to section 101(e), nothing in this Act shall 
be construed to prohibit a sworn law enforcement officer 
with probable cause from arresting a student for violating 
a Federal or State criminal law. 
SEC. 305. APPLICABILITY TO PRIVATE SCHOOLS AND HOME 
SCHOOLS. 
(a) PRIVATE SCHOOLS.—Nothing in this Act shall be 
construed to affect any private school that does not re-
ceive, or does not serve students who receive, support in 
any form from any program or activity supported, in whole 
or in part, with Federal funds. 
(b) HOME SCHOOLS.—Nothing in this Act shall be 
construed to— 
(1) affect a home school, whether or not a home 
school is treated as a private school or home school 
under State law; or 
(2) consider parents who are schooling a child 
at home as program personnel. 
SEC. 306. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amend-
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ment to any person or circumstance is held to be unconsti-
tutional, the remainder of this Act, the amendments made 
by this Act, and the application of the provisions of such 
to any person or circumstance shall not be affected there-
by. 
SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act for fiscal year 
2021 and each succeeding fiscal year. 
Æ 
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