HR 4247 RFS 
mobility than would be possible without the use 
of such devices or mechanical supports; or 
(C) vehicle safety restraints when used as 
intended during the transport of a student in a 
moving vehicle; or 
(3) handcuffs by school resource officers (as 
such term is defined in section 4151(11) of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7161(11)))— 
(A) in the— 
(i) case when a student’s behavior 
poses an imminent danger of physical in-
jury to the student, school personnel, or 
others; or 
(ii) lawful exercise of law enforcement 
duties; and 
(B) less restrictive interventions would be 
ineffective. 
SEC. 6. STATE PLAN AND REPORT REQUIREMENTS AND EN-
FORCEMENT. 
(a) STATE PLAN.—Not later than 2 years after the 
Secretary promulgates regulations pursuant to section 
5(a), and each year thereafter, each State educational 
agency shall submit to the Secretary a State plan that pro-
vides— 
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(1) assurances to the Secretary that the State 
has in effect— 
(A) State policies and procedures that 
meet the minimum standards, including the 
standards with respect to State-approved crisis 
intervention training programs, established by 
regulations promulgated pursuant to section 
5(a); and 
(B) a State mechanism to effectively mon-
itor and enforce the minimum standards; 
(2) a description of the State policies and pro-
cedures, including a description of the State-ap-
proved crisis intervention training programs in such 
State; and 
(3) a description of the State plans to ensure 
school personnel and parents, including private 
school personnel and parents, are aware of the State 
policies and procedures. 
(b) REPORTING.— 
(1) REPORTING
REQUIREMENTS.—Not later 
than 2 years after the date the Secretary promul-
gates regulations pursuant to section 5(a), and each 
year thereafter, each State educational agency shall 
(in compliance with the requirements of section 444 
of the General Education Provisions Act (commonly 
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HR 4247 RFS 
known as the ‘‘Family Educational Rights and Pri-
vacy Act of 1974’’) (20 U.S.C. 1232g)) prepare and 
submit to the Secretary, and make available to the 
public, a report with respect to each local edu-
cational agency, and each school not under the juris-
diction of a local educational agency, located in the 
same State as such State educational agency that in-
cludes the information described in paragraph (2). 
(2) INFORMATION REQUIREMENTS.— 
(A) GENERAL
INFORMATION
REQUIRE-
MENTS.—The report described in paragraph (1) 
shall include information on— 
(i) the total number of incidents in 
the preceding full-academic year in which 
physical restraint was imposed upon a stu-
dent; and 
(ii) the total number of incidents in 
the preceding full-academic year in which 
seclusion was imposed upon a student. 
(B) DISAGGREGATION.— 
(i) GENERAL
DISAGGREGATION
RE-
QUIREMENTS.—The information described 
in subparagraph (A) shall be disaggregated 
by— 
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(I) the total number of incidents 
in which physical restraint or seclu-
sion was imposed upon a student— 
(aa) that resulted in injury; 
(bb) that resulted in death; 
and 
(cc) in which the school per-
sonnel 
imposing 
physical 
re-
straint or seclusion were not 
trained and certified as described 
in section 5(a)(2)(D)(i); and 
(II) the demographic characteris-
tics of all students upon whom phys-
ical restraint or seclusion was im-
posed, including— 
(aa) the categories identified 
in section 1111(h)(1)(C)(i) of the 
Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 
6311(h)(1)(C)(i)); 
(bb) age; and 
(cc) disability status (which 
has the meaning given the term 
‘‘individual with a disability’’ in 
section 7(20) of the Rehabilita-
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tion Act of 1973 (29 U.S.C. 
705(20))). 
(ii) UNDUPLICATED
COUNT; EXCEP-
TION.—The disaggregation required under 
clause (i) shall— 
(I) be carried out in a manner to 
ensure an unduplicated count of the— 
(aa) total number of inci-
dents in the preceding full-aca-
demic year in which physical re-
straint was imposed upon a stu-
dent; and 
(bb) total number of inci-
dents in the preceding full-aca-
demic year in which seclusion 
was imposed upon a student; and 
(II) not be required in a case in 
which the number of students in a 
category would reveal personally iden-
tifiable information about an indi-
vidual student. 
(c) ENFORCEMENT.— 
(1) IN GENERAL.— 
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(A) USE OF REMEDIES.—If a State edu-
cational agency fails to comply with subsection 
(a) or (b), the Secretary shall— 
(i) withhold, in whole or in part, fur-
ther payments under an applicable pro-
gram (as such term is defined in section 
400(c) of the General Education Provi-
sions Act (20 U.S.C. 1221)) in accordance 
with section 455 of such Act (20 U.S.C. 
1234d); 
(ii) require a State educational agency 
to submit, and implement, within 1 year of 
such failure to comply, a corrective plan of 
action, which may include redirection of 
funds received under an applicable pro-
gram; or 
(iii) issue a complaint to compel com-
pliance of the State educational agency 
through a cease and desist order, in the 
same manner the Secretary is authorized 
to take such action under section 456 of 
the General Education Provisions Act (20 
U.S.C. 1234e). 
(B) CESSATION
OF
WITHHOLDING
OF 
FUNDS.—Whenever the Secretary determines 
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