IB 
Union Calendar No. 243 
111TH CONGRESS 
2D SESSION 
H. R. 4247 
[Report No. 111–417] 
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 
FEBRUARY 23, 2010 
Additional sponsors: Mrs. MCCARTHY
of New York, Mr. HARE, Mr. 
COURTNEY, Mr. ELLISON, Mr. DAVIS of Illinois, Mrs. MALONEY, Mr. 
SESTAK, Mr. PLATTS, Mr. SCOTT of Virginia, Mr. ANDREWS, Mr. FIL-
NER, Mr. ROTHMAN of New Jersey, Mr. GRIJALVA, Mr. SABLAN, Ms. 
KILROY, Ms. MCCOLLUM, Mr. HARPER, Ms. SCHAKOWSKY, Mr. 
DEFAZIO, Mr. HIMES, Mr. HOLT, Ms. SLAUGHTER, Mr. KILDEE, Mr. 
NEAL of Massachusetts, Mr. LANGEVIN, Mr. SIRES, Mr. TONKO, Mr. 
BISHOP of New York, Ms. WOOLSEY, Ms. CHU, Mr. HINOJOSA, Mr. 
POLIS of Colorado, Mr. PIERLUISI, Mrs. NAPOLITANO, Mr. KENNEDY, 
Mr. COHEN, Mr. HINCHEY, Ms. DELAURO, and Mr. FRANK of Massachu-
setts 
FEBRUARY 23, 2010 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on December 9, 2009] 
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A BILL 
To prevent and reduce the use of physical restraint and 
seclusion in schools, and for other purposes. 
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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 Re-
straint 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-
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 substitute 
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 pur-
poses 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 
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as training in evidence-based positive behavior sup-
ports, de-escalation techniques, and physical restraint 
and seclusion prevention, can reduce the incidence 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 
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 re-
straint which restricts breathing or causes other body 
trauma, as well as seclusion in the absence of contin-
uous 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 
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needed in schools, yet such protections must acknowl-
edge the differences of the school environment. 
(8) Research confirms that physical restraint 
and seclusion are not therapeutic, nor are these prac-
tices effective means to calm or teach children, and 
may have an opposite effect while simultaneously de-
creasing 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 
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 
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(C) any physical restraint or seclusion im-
posed solely for purposes of discipline or conven-
ience; 
(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, including students with the 
most complex and intensive behavioral needs, 
and school personnel safe; 
(B) providing school personnel with the nec-
essary 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 ‘‘chemical 
restraint’’ means a drug or medication used on a stu-
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dent to control behavior or restrict freedom of move-
ment 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 Elementary 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 Edu-
cation 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 Sec-
ondary 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 meaning shall be 
applied by substituting ‘‘student’s’’ for ‘‘resident’s’’. 
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(6) PARENT.—The term ‘‘parent’’ has the mean-
ing given the term in section 9101(31) of the Elemen-
tary 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 behavioral needs. 
(10) PROTECTION AND ADVOCACY SYSTEM.—The 
term ‘‘protection and advocacy system’’ means a pro-
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tection and advocacy system established under section 
143 of the Developmental Disabilities Assistance and 
Bill of Rights Act of 2000 (42 U.S.C. 15043). 
(11) SCHOOL.—The term ‘‘school’’ means an en-
tity— 
(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, educational service agency, or 
other educational institution or pro-
gram; and 
(ii) receives, or serves students who re-
ceive, 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 officer’’ 
in section 4151(11) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 
7161(11)). 
(13) SECONDARY SCHOOL.—The term ‘‘secondary 
school’’ has the meaning given the term in section 
9101(38) of the Elementary and Secondary Edu-
cation 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 cri-
sis intervention 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 of physical restraint 
and seclusion; 
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(B) 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) first aid and cardiopulmonary resus-
citation; 
(E) information describing State policies 
and procedures that meet the minimum stand-
ards established by regulations promulgated pur-
suant to section 5(a); and 
(F) certification for school personnel in the 
techniques and skills described in subparagraphs 
(A) through (D), which shall be required to be re-
newed on a periodic basis. 
(17) STATE.—The term ‘‘State’’ has the meaning 
given the term in section 9101 of the Elementary 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 Sec-
ondary Education Act of 1965 (20 U.S.C. 7801(41)). 
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(19) STUDENT.—The term ‘‘student’’ means a 
student enrolled in a school defined in section 11, ex-
cept that in the case of a private school or private 
program, such term means a student enrolled in such 
school or program 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)), ex-
cept that the meaning shall be applied by substituting 
‘‘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 pro-
tect each student from physical or mental abuse, aversive 
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 man-
ner otherwise inconsistent with this Act, the Secretary shall 
promulgate regulations establishing the following minimum 
standards: 
(1) School personnel shall be prohibited from im-
posing on any student the following: 
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(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 im-
posing 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 signifi-
cantly 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— 
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Disabilities Education Act (20 U.S.C. 1401)). Local 
educational 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, includ-
ing— 
(A) procedures to provide to the parent of 
the student, with respect to each such incident— 
(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 funded by 
the Department of the Interior comply with the regulations 
promulgated by the Secretary under subsection (a). 
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(c) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to authorize the Secretary to promulgate 
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 supports 
used to achieve proper body position, balance, 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 Elementary 
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-
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jury to the student, school personnel, or oth-
ers; 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 provides— 
(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 proce-
dures, including a description of the State-approved 
crisis intervention training programs in such State; 
and 
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(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 promulgates regu-
lations pursuant to section 5(a), and each year there-
after, each State educational agency shall (in compli-
ance with the requirements of section 444 of the Gen-
eral Education Provisions Act (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 
with respect to each local educational agency, and 
each school not under the jurisdiction of a local edu-
cational agency, located in the same State as such 
State educational agency that includes the informa-
tion 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 phys-
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ical restraint was imposed upon a student; 
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 
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 imposed, 
including— 
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(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 Rehabilitation 
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 
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(II) not be required in a case in 
which the number of students in a cat-
egory would reveal personally identifi-
able information about an individual 
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 program 
(as such term is defined in section 400(c) of 
the General Education Provisions 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 
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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 payments, 
the Secretary shall cease the withholding of pay-
ments with respect to the State educational agen-
cy 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 stand-
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ards 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 se-
clusion; 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 section 
shall be awarded to a State educational agency for a 3- 
year period. 
(c) APPLICATION.—Each State educational agency de-
siring a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may re-
quire, including information on how the State educational 
agency will target resources to schools and local educational 
agencies in need of assistance related to preventing and re-
ducing 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. 
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(2) APPLICATION.—A local educational agency 
desiring to receive a subgrant under this section shall 
submit an application to the applicable State edu-
cational agency at such time, in such manner, and 
containing such information as the State educational 
agency may require. 
(e) PRIVATE SCHOOL PARTICIPATION.— 
(1) IN GENERAL.—A local educational agency re-
ceiving subgrant funds under this section shall, after 
timely and meaningful consultation with appropriate 
private school officials, ensure that private school per-
sonnel can participate, on an equitable basis, in ac-
tivities supported by grant or subgrant funds. 
(2) PUBLIC CONTROL OF FUNDS.—The control of 
funds provided under this section, and title to mate-
rials, equipment, and property purchased with such 
funds, shall be in a public agency, and a public agen-
cy shall administer such funds, materials, equipment, 
and property. 
(f) REQUIRED ACTIVITIES.—A State educational agen-
cy receiving a grant, or a local educational agency receiving 
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-
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vent and reduce physical restraint and seclusion in 
schools, consistent with the minimum standards es-
tablished by regulations promulgated by the Secretary 
pursuant to section 5(a). 
(2) Providing professional development, training, 
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 section 
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. 
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(2) Providing technical assistance to develop and 
implement evidence-based systematic approaches to 
school-wide positive behavior supports, including tech-
nical assistance for data-driven decision-making re-
lated 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 supports 
with fidelity. 
(4) Supporting other local positive behavior sup-
port 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 pre-
vention and reduction of physical restraint and seclu-
sion in the schools located in the State, consistent 
with the minimum standards established by regula-
tions promulgated by the Secretary pursuant to sec-
tion 5(a); and 
(2) submit to the Secretary a report on such 
progress. 
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(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; 
(3) identifying the types of programs and serv-
ices that have demonstrated the greatest effectiveness 
in preventing and reducing the number of physical 
restraint and seclusion incidents in schools; and 
(4) identifying evidence-based personnel training 
models with demonstrated success in preventing and 
reducing the number of physical restraint and seclu-
sion incidents in schools, including models that em-
phasize positive behavior supports and de-escalation 
techniques over physical intervention. 
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(b) REPORT.—The Secretary shall submit to the Com-
mittee on Education and Labor of the House of Representa-
tives 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 en-
actment 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 agencies 
administering Head Start programs under the Head Start 
Act (42 U.S.C. 9801 et seq.) that establish requirements con-
sistent with— 
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(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 requirements 
established by regulations promulgated pursuant to sub-
section (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 regula-
tion. 
(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. 
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(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 2011 
and each of the 4 succeeding fiscal years. 
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Union Calendar No. 243 
111TH CONGRESS 
2D SESSION 
H. R. 4247 
[Report No. 111–417] 
A BILL 
To prevent and reduce the use of physical restraint 
and seclusion in schools, and for other purposes. 
FEBRUARY 23, 2010 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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