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(whether by certification or other appropriate 
evidence) that a State educational agency who 
is subject to the withholding of payments under 
subparagraph (A)(i) has cured the failure pro-
viding the basis for the withholding of pay-
ments, the Secretary shall cease the withholding 
of payments with respect to the State edu-
cational agency under such subparagraph. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to limit the Secretary’s 
authority under the General Education Provisions 
Act (20 U.S.C. 1221 et seq.). 
SEC. 7. GRANT AUTHORITY. 
(a) IN GENERAL.—From the amount appropriated 
under section 12, the Secretary may award grants to State 
educational agencies to assist the agencies in— 
(1) establishing, implementing, and enforcing 
the policies and procedures to meet the minimum 
standards established by regulations promulgated by 
the Secretary pursuant to section 5(a); 
(2) improving State and local capacity to collect 
and analyze data related to physical restraint and 
seclusion; and 
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(3) improving school climate and culture by im-
plementing school-wide positive behavior support ap-
proaches. 
(b) DURATION OF GRANT.—A grant under this sec-
tion shall be awarded to a State educational agency for 
a 3-year period. 
(c) APPLICATION.—Each State educational agency 
desiring a grant under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may 
require, including information on how the State edu-
cational agency will target resources to schools and local 
educational agencies in need of assistance related to pre-
venting and reducing physical restraint and seclusion. 
(d) AUTHORITY TO MAKE SUBGRANTS.— 
(1) IN GENERAL.—A State educational agency 
receiving a grant under this section may use such 
grant funds to award subgrants, on a competitive 
basis, to local educational agencies. 
(2) APPLICATION.—A local educational agency 
desiring to receive a subgrant under this section 
shall submit an application to the applicable State 
educational agency at such time, in such manner, 
and containing such information as the State edu-
cational agency may require. 
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(e) PRIVATE SCHOOL PARTICIPATION.— 
(1) IN GENERAL.—A local educational agency 
receiving subgrant funds under this section shall, 
after timely and meaningful consultation with appro-
priate private school officials, ensure that private 
school personnel can participate, on an equitable 
basis, in activities supported by grant or subgrant 
funds. 
(2) PUBLIC CONTROL OF FUNDS.—The control 
of funds provided under this section, and title to ma-
terials, equipment, and property purchased with 
such funds, shall be in a public agency, and a public 
agency shall administer such funds, materials, equip-
ment, and property. 
(f) REQUIRED ACTIVITIES.—A State educational 
agency receiving a grant, or a local educational agency re-
ceiving a subgrant, under this section shall use such grant 
or subgrant funds to carry out the following: 
(1) Researching, developing, implementing, and 
evaluating strategies, policies, and procedures to pre-
vent and reduce physical restraint and seclusion in 
schools, consistent with the minimum standards es-
tablished by regulations promulgated by the Sec-
retary pursuant to section 5(a). 
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(2) Providing professional development, train-
ing, and certification for school personnel to meet 
such standards. 
(3) Carrying out the reporting requirements 
under section 6(b) and analyzing the information in-
cluded in a report prepared under such section to 
identify student, school personnel, and school needs 
related to use of physical restraint and seclusion. 
(g) ADDITIONAL AUTHORIZED ACTIVITIES.—In addi-
tion to the required activities described in subsection (f), 
a State educational agency receiving a grant, or a local 
educational agency receiving a subgrant, under this sec-
tion may use such grant or subgrant funds for one or more 
of the following: 
(1) Developing and implementing high-quality 
professional development and training programs to 
implement evidence-based systematic approaches to 
school-wide positive behavior supports, including im-
proving coaching, facilitation, and training capacity 
for administrators, teachers, specialized instructional 
support personnel, and other staff. 
(2) Providing technical assistance to develop 
and implement evidence-based systematic approaches 
to school-wide positive behavior supports, including 
technical assistance for data-driven decision-making 
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related to behavioral supports and interventions in 
the classroom. 
(3) Researching, evaluating, and disseminating 
high-quality evidence-based programs and activities 
that implement school-wide positive behavior sup-
ports with fidelity. 
(4) Supporting other local positive behavior 
support implementation activities consistent with 
this subsection. 
(h) EVALUATION AND REPORT.—Each State edu-
cational agency receiving a grant under this section shall, 
at the end of the 3-year grant period for such grant— 
(1) evaluate the State’s progress toward the 
prevention and reduction of physical restraint and 
seclusion in the schools located in the State, con-
sistent with the minimum standards established by 
regulations promulgated by the Secretary pursuant 
to section 5(a); and 
(2) submit to the Secretary a report on such 
progress. 
(i) DEPARTMENT
OF
THE INTERIOR.—From the 
amount appropriated under section 12, the Secretary may 
allocate funds to the Secretary of the Interior for activities 
under this section with respect to schools operated or 
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funded by the Department of the Interior, under such 
terms as the Secretary of Education may prescribe. 
SEC. 8. NATIONAL ASSESSMENT. 
(a) NATIONAL ASSESSMENT.—The Secretary shall 
carry out a national assessment to determine the effective-
ness of this Act, which shall include— 
(1) analyzing data related to physical restraint 
and seclusion incidents; 
(2) analyzing the effectiveness of Federal, 
State, and local efforts to prevent and reduce the 
number of physical restraint and seclusion incidents 
in schools; 
(3) identifying the types of programs and serv-
ices that have demonstrated the greatest effective-
ness in preventing and reducing the number of phys-
ical restraint and seclusion incidents in schools; and 
(4) identifying evidence-based personnel train-
ing models with demonstrated success in preventing 
and reducing the number of physical restraint and 
seclusion incidents in schools, including models that 
emphasize positive behavior supports and de-esca-
lation techniques over physical intervention. 
(b) REPORT.—The Secretary shall submit to the 
Committee on Education and Labor of the House of Rep-
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resentatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate— 
(1) an interim report that summarizes the pre-
liminary findings of the assessment described in sub-
section (a) not later than 3 years after the date of 
enactment of this Act; and 
(2) a final report of the findings of the assess-
ment not later than 5 years after the date of the en-
actment of this Act. 
SEC. 9. PROTECTION AND ADVOCACY SYSTEMS. 
Protection and Advocacy Systems shall have the au-
thority provided under section 143 of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 
U.S.C. 15043) to investigate, monitor, and enforce protec-
tions provided for students under this Act. 
SEC. 10. HEAD START PROGRAMS. 
(a) REGULATIONS.—The Secretary of Health and 
Human Services, in consultation with the Secretary, shall 
promulgate regulations with respect to Head Start agen-
cies administering Head Start programs under the Head 
Start Act (42 U.S.C. 9801 et seq.) that establish require-
ments consistent with— 
(1) the requirements established by regulations 
promulgated pursuant to section 5(a); and 
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(2) the reporting and enforcement requirements 
described in subsections (b) and (c) of section 6. 
(b) GRANT AUTHORITY.—From the amount appro-
priated under section 12, the Secretary may allocate funds 
to the Secretary of Health and Human Services to assist 
the Head Start agencies in establishing, implementing, 
and enforcing policies and procedures to meet the require-
ments established by regulations promulgated pursuant to 
subsection (a). 
SEC. 11. LIMITATION OF AUTHORITY. 
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to restrict or limit, or allow the Secretary to restrict 
or limit, any other rights or remedies otherwise available 
to students or parents under Federal or State law or regu-
lation. 
(b) APPLICABILITY.— 
(1) PRIVATE SCHOOLS.—Nothing in this Act 
shall be construed to affect any private school that 
does not receive, or does not serve students who re-
ceive, support in any form from any program sup-
ported, in whole or in part, with funds appropriated 
to the Department of Education. 
(2) HOME SCHOOLS.—Nothing in this Act shall 
be construed to— 
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(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 
2011 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. 
(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 
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clause 9e, of Rule XXI of the rules of the House of Rep-
resentatives of the 111th Congress. 
Passed the House of Representatives March 3, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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