,,ii #aacth ,,congress #b;d ,session ,s4 #bjcf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bd1 #bjad,mr4 ,harkin 7for himself1 ,mr4 ,murphy1 and ,ms4 ,ayotte7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to protect all school children against harmful and life-threatening seclusion and restraint practices4 #a4 ,short title ,this ,act may be cited as the ,keeping ,all ,students ,safe ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,applicable program ,the term applicable program has the meaning given the term in section #djj7;c77#a7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba7;c77#a774 7#b7 ,chemical restraint ,the term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not-- 7,a7 prescribed by a licensed physician1 or other qualified health professional acting under the scope of the professional's authority under ,state law1 for the standard treatment of a student's medical or psychiatric condition2 and 7,b7 administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional's authority under ,state law4 7#c7 ,,esea definitions ,the terms-- 7,a7 ,department1 educational service agency1 elementary school1 local educational agency1 parent1 secondary school1 ,state1 and ,state educational agency have the meanings given such terms in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja72 and 7,b7 school resource officer and school personnel have the meanings given such terms in section #daea of such ,act 7#bj ,u4,s4,c4 #gafa74 7#d7 ,federal financial assistance ,the term ,federal financial assistance means any grant1 loan1 contract 7other than a procurement contract or a contract of insurance or guaranty71 or any other arrangement by which the ,department provides or otherwise makes available assistance in the form of-- 7,a7 funds2 7,b7 services of ,federal personnel2 or 7,c7 real and personal property or any interest in or use of such property1 including-- 7i7 transfers or leases of such property for less than fair market value or for reduced consideration2 and 7ii7 proceeds from a subsequent transfer or lease of such property if the ,federal share of its fair market value is not returned to the ,federal ,government4 7#e7 ,free appropriate public education ,for those students eligible for special education and related services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 the term free appropriate public education has the meaning given the term in section #fjb of such ,act 7#bj ,u4,s4,c4 #adja74 7#f7 ,mechanical restraint ,the term mechanical restraint-- 7,a7 has the meaning given the term in section #eie7;d77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#a771 except that the meaning shall be applied by substituting student's for resident's2 and 7,b7 does not mean devices used by trained school personnel1 or used by a student1 for the specific and approved therapeutic or safety purposes for which such devices were designed and1 if applicable1 prescribed1 including-- 7i7 restraints for medical immobilization2 7ii7 adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports2 or 7iii7 vehicle safety restraints when used as intended during the transport of a student in a moving vehicle4 7#g7 ,physical escort ,the term physical escort means the temporary touching or holding of the hand1 wrist1 arm1 shoulder1 waist1 hip1 or back for the purpose of inducing a student to move to a safe location4 7#h7 ,physical restraint ,the term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual's arms1 legs1 body1 or head freely4 ,such term does not include a physical escort1 mechanical restraint1 or chemical restraint4 7#i7 ,positive behavioral interventions and supports ,the term positive behavioral interventions and supports-- 7,a7 means a school-wide systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes1 and increase learning for all students1 including those with the most complex and intensive behavioral needs2 and 7,b7 encompasses a range of systemic and individualized positive strategies to reinforce desired behaviors1 diminish reoccurrence of challenging behaviors1 and teach appropriate behaviors to students4 7#aj7 ,protection and advocacy system ,the term protection and advocacy system means a protection and advocacy system established under subtitle ,c of title ,i of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejda et seq474 7#aa7 ,seclusion ,the term seclusion-- 7,a7 means the isolation of a student in a room1 enclosure1 or space that is-- 7i7 locked2 or 7ii7 unlocked and the student is prevented from leaving2 and 7,b7 does not include a time out4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,education1 and1 where appropriate1 the ,secretary of the ,interior and the ,secretary of ,defense4 7#ac7 ,state-approved crisis intervention training program ,the term ,state-approved crisis intervention training program means a training program proposed by a local educational agency and approved by a ,state that1 at a minimum1 provides training in evidence-based practices shown to be effective-- 7,a7 in the prevention of the use of physical restraint2 7,b7 in keeping both school personnel and students safe in imposing physical restraint in a manner consistent with this ,act2 7,c7 in the use of data-based decisionmaking and evidence-based positive behavioral interventions and supports1 safe physical escort1 conflict prevention1 behavioral antecedents1 functional behavioral assessments1 de-escalation of challenging behaviors1 and conflict management2 7,d7 in first aid1 including the signs of medical distress1 and cardiopulmonary resuscitation2 and 7,e7 certification for school personnel in the practices and skills described in subparagraphs 7,a7 through 7,d71 which shall be required to be renewed on a periodic basis4 7#ad7 ,student ,the term student means a student who-- 7,a7 is enrolled in a public school2 7,b7 is enrolled in a private school and is receiving a free appropriate public education at the school under subparagraph 7,b7 or 7,c7 of section #fab7;a77#aj7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adab7;a77#aj77;,b71 7,c772 7,c7 is enrolled in a ,head ,start or ,early ,head ,start program supported under the ,head ,start ,act 7#db ,u4,s4,c4 #ihca72 or 7,d7 receives services under section #fai or part ,c of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adai1 #adca et seq474 7#ae7 ,time out ,the term time out means a behavior management technique that may involve the separation of the student from the group1 in a non-locked setting1 for the purpose of calming4 ,time out is not seclusion4 #c4 ,purpose ,the purposes of this ,act are-- 7#a7 to promote the development of effective intervention and prevention practices that do not use restraints and seclusion2 7#b7 to protect all students from physical or mental abuse1 aversive behavioral interventions that compromise health and safety1 and any restraint imposed for purposes of coercion1 discipline or convenience1 or as a substitute for appropriate educational or positive behavioral interventions and supports2 7#c7 to ensure that staff are safe from the harm that can occur from inexpertly using restraints2 and 7#d7 to ensure the safety of all students and school personnel and promote positive school culture and climate4 #d4 ,minimum standards2 rule of construction ,each ,state and local educational agency receiving ,federal financial assistance shall have in place policies that are consistent with the following3 7#a7 ,prohibition of certain action ,school personnel1 contractors1 and resource officers are prohibited from imposing on any student-- 7,a7 seclusion2 7,b7 mechanical restraint2 7,c7 chemical restraint2 7,d7 aversive behavioral interventions that compromise health and safety2 7,e7 physical restraint that is life-threatening1 including physical restraint that restricts breathing2 and 7,f7 physical restraint if contraindicated based on the student's disability1 health care needs1 or medical or psychiatric condition1 as documented in a health care directive or medical management plan1 a behavior intervention plan1 an individualized education program or an individualized family service plan 7as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja771 or plan developed pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 or other relevant record made available to the ,state or local educational agency4 7#b7 ,physical restraint 7,a7 ,in general ,physical restraint may only be implemented if-- 7i7 the student's behavior poses immediate danger of serious physical harm to self or others2 7ii7 the physical restraint does not interfere with the student's ability to communicate in the student's primary language or mode of communication2 and 7iii7 less restrictive interventions have been ineffective in stopping the immediate danger of serious physical harm to the student or others1 except in a case of a rare and clearly unavoidable emergency circumstance posing immediate danger of serious physical harm4 7,b7 ,least amount of force necessary ,when implementing a physical restraint1 staff shall use only the amount of force necessary to protect the student or others from the threatened injury4 7,c7 ,end of physical restraint ,the use of physical restraint shall end when-- 7i7 a medical condition occurs putting the student at risk of harm2 7ii7 the student's behavior no longer poses immediate danger of serious physical harm to the student or others2 or 7iii7 less restrictive interventions would be effective in stopping such immediate danger of serious physical harm4 7,d7 ,qualifications of individuals engaging in physical restraint ,school personnel imposing physical restraint in accordance with this subsection shall-- 7i7 be trained and certified by a ,state-approved crisis intervention training program1 except in the case of rare and clearly unavoidable emergency circumstances when school personnel trained and certified are not immediately available due to the unforeseeable nature of the emergency circumstance2 7ii7 engage in continuous face-to-face monitoring of the student2 and 7iii7 be trained in ,state and school policies and procedures regarding restraint and seclusion4 7,e7 ,prohibition on use of physical restraint as planned intervention 7i7 ,in general ,except as provided in clause 7ii71 the use of physical restraints as a planned intervention shall not be written into a student's education plan1 individual safety plan1 plan developed pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid71 individualized education program or individualized family service plan 7as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja771 or any other planning document for an individual student4 7ii7 ,exception ,the use of physical restraints as a planned intervention may be written into a student's individualized education program1 individual safety plan1 or plan developed pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 if ,state law allows for the use of physical restraint as part of such program or plan1 as agreed upon by school personnel1 the family of the student1 and the individualized education program committee if such individuals-- 7,i7 have considered less restrictive means to address behavioral concerns that would meet the emergency standard described in subparagraph 7,a7 and1 when using such physical restraints in an emergency1 meet the conditions described in subparagraphs 7,b71 7,c71 and 7,d72 and 7,,ii7 have conducted a research-based1 individualized functional behavioral analysis and implemented a corresponding positive intervention plan based on such functional behavioral analysis that-- 7aa7 addresses preventative measures used to reduce or prevent emergencies2 and 7bb7 is written into the student's individualized education program1 individual safety plan1 or plan developed pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#c7 ,other policies 7,a7 ,in general ,the ,state or local educational agency1 and each school and educational program served by the ,state or local educational agency shall-- 7i7 establish policies and procedures that ensure school personnel and parents1 including private school personnel and parents1 are aware of the ,state1 local educational agency1 and school's policies and procedures regarding seclusion and restraint2 7ii7 establish policies and procedures to keep all students1 including students with the most complex and intensive behavioral needs1 and school personnel safe2 7iii7 establish policies and procedures for planning for the appropriate use of restraint in crisis situations in accordance with this ,act by a team of professionals trained in accordance with a ,state-approved crisis intervention training program2 and 7iv7 establish policies and procedures to be followed after each incident involving the imposition of physical restraint upon a student1 including-- 7,i7 procedures to provide to the parent of the student1 with respect to each such incident-- 7aa7 a verbal or electronic communication on the same day as each such incident2 and 7bb7 within #bd hours of each such incident1 written notification2 and 7,,ii7 after the imposition of physical restraint upon a student1 procedures to ensure that-- 7aa7 the person who imposed the restraint1 the immediate adult witnesses1 a representative of the administration1 a school mental health professional1 and at least #a family member of the student participate in a debriefing session2 and 7bb7 the student who was restrained is given the opportunity to discuss the student's perspective about the event with a trusted adult who will communicate to the debriefing session group4 7,b7 ,debriefing session 7i7 ,in general 7,i7 ,timing ,the debriefing session described in subparagraph 7,a77iv77,,ii7 shall occur as soon as practicable1 but not later than #e school days following the imposition of physical restraint unless it is delayed by written mutual agreement of the parent and school4 7,,ii7 ,observations by school personnel ,each adult witness in the proximity of the student immediately before and during the time of the physical restraint but not directly involved shall submit the witness's observations in writing for the debriefing session4 7,,iii7 ,parental legal rights ,parents shall retain their full legal rights for children under the age of majority concerning participation in the debriefing or other matters4 7ii7 ,content of session ,the debriefing session described in subparagraph 7,a77iv77,,ii7 shall include-- 7,i7 identification of antecedents to the physical restraint2 7,,ii7 consideration of relevant information in the student's records1 and such information from teachers1 other professionals1 the parent1 and student2 7,,iii7 planning to prevent and reduce reoccurrence of the use of physical restraint1 including consideration of the results of any functional behavioral assessments1 whether positive behavior plans were implemented with fidelity1 recommendations of appropriate positive behavioral interventions and supports to assist personnel responsible for the student's educational plan1 the individualized education program for the student1 if applicable1 and plans providing for reasonable accommodations under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 7,,iv7 a plan to have a functional behavioral assessment conducted1 reviewed1 or revised by qualified professionals1 the parent1 and the student2 and 7,v7 for any student not identified as eligible to receive accommodations under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 or services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 evidence of such a referral or documentation of the basis for declining to refer the student4 7iii7 ,communication by the student ,when a student attends a debriefing session described in subparagraph 7,a77iv77,,ii71 information communicated by the student may not be used against the student in any disciplinary1 criminal1 or civil investigation or proceeding4 7#d7 ,notification in writing on death or bodily injury ,in a case in which bodily injury or death of a student occurs in conjunction with the use of physical restraint or any intervention used to control behavior1 there are procedures to notify1 in writing1 within #bd hours after such injury or death occurs-- 7,a7 the ,state educational agency and local educational agency2 7,b7 local law enforcement2 and 7,c7 a protection and advocacy system1 in the case of a student who is eligible for services from the protection and advocacy system4 7#e7 ,prohibition against retaliation ,the ,state or local educational agency1 each school and educational program served by the ,state or local educational agency1 and school personnel of such school or program shall not retaliate against any person for having-- 7,a7 reported a violation of this section or ,federal or ,state regulations or policies promulgated to carry out this section2 or 7,b7 provided information regarding a violation of this section or ,federal or ,state regulations or policies promulgated to carry out this section4 #e4 ,interactions2 ,rules of construction 7a7 ,rules of construction 7#a7 ,rights and remedies of students and parents ,nothing in this ,act shall be construed to restrict or limit1 or allow the ,secretary to restrict or limit1 any other rights or remedies otherwise available to students or parents under ,federal or ,state law 7including regulations7 or to restrict or limit stronger restrictions on the use of restraint1 seclusion1 or aversives in ,federal or ,state law 7including regulations7 or in ,state policies4 7#b7 ,restrictions on secretarial prohibitions ,nothing in this ,act shall be construed to authorize the ,secretary to promulgate regulations prohibiting the use of-- 7,a7 time outs2 or 7,b7 devices implemented by trained school personnel1 or utilized by a student1 for the specific and approved therapeutic or safety purposes for which such devices were designed and1 if applicable1 prescribed1 including-- 7i7 restraints for medical immobilization2 7ii7 adaptive devices or mechanical supports used to achieve proper body position1 balance1 or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports2 or 7iii7 vehicle safety restraints when used as intended during the transport of students in a moving vehicle4 7b7 ,denial of a free appropriate public education ,failure to meet the minimum standards of this ,act as applied to an individual child eligible for accommodations developed pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 or for education or related services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 shall constitute a denial of a free appropriate public education4 7c7 ,exhaustion of due process 7#a7 ,in general ,a student may file a civil action under the ,constitution1 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 title ,v of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia et seq471 or other applicable ,federal law in the case of the use of seclusion or restraint in violation of this ,act seeking relief from the use of seclusion or restraint with respect of such student4 7#b7 ,nonapplicability ,section #fae7l7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adae7l77 shall not apply to an action filed pursuant to paragraph 7#a74 #f4 ,report requirements 7a7 ,in general ,each ,state educational agency shall 7in compliance with the requirements of section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g77 prepare and submit to the ,secretary1 and make available to the public1 a report with respect to each local educational agency1 and each school not under the jurisdiction of a local educational agency1 located in the same ,state as such ,state educational agency that includes the following information3 7#a7 ,the total number of incidents in which physical restraint was imposed upon a student in the preceding full academic year4 7#b7 ,the information described in paragraph 7#a7 shall be disaggregated-- 7,a7 by the total number of incidents in which physical restraint was imposed upon a student-- 7i7 that resulted in injury to students or school personnel1 or both2 7ii7 that resulted in death2 and 7iii7 in which the school personnel imposing physical restraint were not trained and certified as described in section #d7b77;,d77i72 and 7,b7 by the demographic characteristics of all students upon whom physical restraint was imposed1 including-- 7i7 the subcategories identified in section #aaaa7;h77#a77;,c77i7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;h77#a77;,c77i772 7ii7 age2 and 7iii7 disability category4 7b7 ,unduplicated count2 exception ,the disaggregation required under subsection 7a7 shall-- 7#a7 be carried out in a manner to ensure an unduplicated count of the total number of incidents in the preceding full academic year in which physical restraint was imposed upon a student2 and 7#b7 not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student4 #g4 ,grant authority 7a7 ,in general ,from the amount appropriated under section #aj1 the ,secretary may award grants to ,state educational agencies to assist in-- 7#a7 establishing1 implementing1 and enforcing the policies and procedures to meet the minimum standards described in this ,act2 7#b7 improving ,state and local capacity to collect and analyze data related to physical restraint2 and 7#c7 improving school climate and culture by implementing school-wide positive behavioral interventions and supports4 7b7 ,duration of grant ,a grant under this section shall be awarded to a ,state educational agency for a #c-year period4 7c7 ,application ,each ,state educational agency desiring a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require1 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 reducing physical restraint4 7d7 ,authority ,to make subgrants 7#a7 ,in general ,a ,state educational agency receiving a grant under this section may use such grant funds to award subgrants1 on a competitive basis1 to local educational agencies4 7#b7 ,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 time1 in such manner1 and containing such information as the ,state educational agency may require4 7e7 ,private school participation 7#a7 ,in general ,a ,state educational agency receiving grant funds under this section shall1 after timely and meaningful consultation with appropriate private school officials1 ensure that private school personnel can participate1 on an equitable basis1 in activities supported by grant or subgrant funds4 7#b7 ,public control of funds ,the control of funds provided under this section1 and title to materials1 equipment1 and property with such funds1 shall be in a public agency and a public agency shall administer such funds1 materials1 equipment1 and property4 7f7 ,required activities ,a ,state educational agency receiving a grant1 or a local educational agency receiving a subgrant1 under this section shall use such grant or subgrant funds to carry out the following3 7#a7 ,researching1 developing1 implementing1 and evaluating evidence-based strategies1 policies1 and procedures to reduce and prevent physical restraint in schools1 consistent with the minimum standards described in this ,act4 7#b7 ,providing professional development1 training1 and certification for school personnel to meet such standards4 7g7 ,additional authorized activities ,in addition to the required activities described in subsection 7f71 a ,state educational agency receiving a grant1 or a local educational agency receiving a subgrant1 under this section may use such grant or subgrant funds for one or more of the following3 7#a7 ,developing and implementing a high-quality professional development and training program to implement evidence-based systematic approaches to school-wide positive behavioral interventions and supports1 including improving coaching1 facilitation1 and training capacity for administrators1 teachers1 specialized instructional support personnel1 and other staff4 7#b7 ,providing technical assistance to develop and implement evidence-based systematic approaches to school-wide positive behavioral interventions and supports1 including technical assistance for data-driven decisionmaking related to positive behavioral interventions and supports in the classroom4 7#c7 ,researching1 evaluating1 and disseminating high-quality evidence-based programs and activities that implement school-wide positive behavioral interventions and supports with fidelity4 7#d7 ,supporting other local positive behavioral interventions and supports implementation activities consistent with this subsection4 7h7 ,evaluation and report ,each ,state educational agency receiving a grant under this section shall1 at the end of the #c-year grant period for such grant-- 7#a7 evaluate the ,state's progress toward the prevention and reduction of physical restraint in the schools located in the ,state1 consistent with the minimum standards2 and 7#b7 submit to the ,secretary a report on such progress4 #h4 ,enforcement 7a7 ,use of remedies ,if a ,state educational agency fails to comply with the requirements under this ,act1 the ,secretary shall-- 7#a7 withhold1 in whole or in part1 further payments under an applicable program in accordance with section #dee of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;d72 7#b7 require a ,state or local educational agency to submit1 and implement1 within #a year of such failure to comply1 a corrective plan of action1 which may include redirection of funds received under an applicable program2 7#c7 issue a complaint to compel compliance of the ,state or local educational agency through a cease and desist order1 in the same manner the ,secretary is authorized to take such action under section #def of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcd;e72 or 7#d7 refer the ,state to the ,department of ,justice or ,department of ,education ,office of ,civil ,rights for an investigation4 7b7 ,cessation of withholding of funds ,whenever the ,secretary determines 7whether by certification or other appropriate evidence7 that a ,state or local educational agency that is subject to the withholding of payments under subsection 7a77#a7 has cured the failure providing the basis for the withholding of payments1 the ,secretary shall cease the withholding of payments with respect to the ,state educational agency under such subsection4 #i4 ,applicability 7a7 ,private schools ,nothing in this ,act shall be construed to affect any private school that does not receive1 or does not serve students who receive1 support in any form from any program supported1 in whole or in part1 with funds provided by the ,department of ,education4 7b7 ,home schools ,nothing in this ,act shall be construed to-- 7#a7 affect a home school1 whether or not a home school is treated as a private school or home school under ,state law2 or 7#b7 consider a parent who is schooling a child at home as school personnel4 #aj4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act for fiscal year #bjae and each of the #d succeeding fiscal years4