,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #gabd ,,in ,,the ,,house ,,of ,,representatives ,november #ad1 #bjah,mr4 ,beyer 7for himself1 ,mr4 ,scott of ,virginia1 ,mr4 ,connolly1 ,mr4 ,tonko1 ,ms4 ,norton1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,sablan1 ,ms4 ,wilson of ,florida1 ,mr4 ,espaillat1 ,ms4 ,michelle ,lujan ,grisham of ,new ,mexico1 ,ms4 ,lee1 ,mrs4 ,napolitano1 ,ms4 ,moore1 ,ms4 ,esty of ,connecticut1 ,ms4 ,pingree1 ,mr4 ,sean ,patrick ,maloney of ,new ,york1 ,mr4 ,langevin1 ,mrs4 ,davis of ,california1 ,mr4 ,crdenas1 ,mr4 ,price of ,north ,carolina1 ,mr4 ,mc,eachin1 ,ms4 ,mc,collum1 ,ms4 ,clark of ,massachusetts1 ,mr4 ,de,saulnier1 ,mr4 ,himes1 ,ms4 ,blunt ,rochester1 ,mr4 ,takano1 ,mr4 ,mc,nerney1 ,ms4 ,jayapal1 ,mr4 ,mc,govern1 ,mr4 ,ryan of ,ohio1 ,mr4 ,nadler1 ,mr4 ,kennedy1 ,mr4 ,pallone1 ,mr4 ,gomez1 and ,mr4 ,johnson of ,georgia7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit and prevent seclusion and to prevent and reduce the use of physical restraint in schools1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,keeping ,all ,students ,safe ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,purposes4 ,sec4 #d4 ,definitions4 ,sec4 #e4 ,minimum standards2 rules of construction4 ,sec4 #f4 ,state plan and report requirements and enforcement4 ,sec4 #g4 ,grants for ,state educational agencies4 ,sec4 #h4 ,national assessment4 ,sec4 #i4 ,protection and advocacy systems4 ,sec4 #aj4 ,applicability to private schools and home schools4 ,sec4 #aa4 ,authorization of appropriations4 #b4 ,findings ,congress finds the following3 7#a7 ,restraint and seclusion have resulted in serious physical injury1 psychological trauma1 and death to children in public and private schools4 ,national research shows students have been subjected to restraint and seclusion in schools as a means of discipline1 to force compliance1 or as a substitute for appropriate educational and behavioral support4 7#b7 ,all children have the right to be free from physical or mental abuse1 aversive behavioral interventions that compromise health and safety1 and any restraint or seclusion imposed solely for purposes of discipline or convenience4 7#c7 ,safe1 effective1 evidence-based strategies are available to support children who display challenging behaviors in school settings4 ,training for staff focused on the dangers of restraint and seclusion as well as training in evidence-based positive behavior supports1 de-escalation techniques1 and physical restraint and seclusion prevention1 can reduce the incidence of injury1 trauma1 and death4 7#d7 ,school personnel have the right to work in a safe environment and should be provided training1 resources1 and support to prevent injury and trauma to themselves and others4 7#e7 ,despite the widely recognized risks of restraint and seclusion1 a substantial disparity exists among many ,states and localities with regard to the protection and oversight of the rights of children and school personnel to a safe learning environment4 7#f7 ,children are subjected to restraint and seclusion at higher rates than adults4 ,physical restraint which restricts breathing or causes other body trauma1 as well as seclusion in the absence of continuous face-to-face monitoring1 have resulted in the deaths of children in schools4 7#g7 ,children are protected from inappropriate restraint and the use of seclusion in other settings1 such as hospitals1 health facilities1 and nonmedical community-based facilities4 ,similar protections are needed in schools1 yet such protections must acknowledge the differences of the school environment4 7#h7 ,research confirms that restraint and seclusion are not therapeutic1 nor are these practices effective means to calm1 discipline1 or teach children1 and may have an opposite effect while simultaneously decreasing a child's ability to learn4 7#i7 ,the effective implementation of schoolwide positive behavior supports is linked to greater academic achievement1 significantly fewer disciplinary problems1 increased instruction time1 and staff perception of a safer teaching environment4 7#aj7 ,the #bjae bipartisan reauthorization of the ,elementary and ,secondary ,education ,act requires ,states to support local educational agencies in improving school conditions through reducing the use of aversive behavioral interventions4 ,the report issued by the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate regarding the authorization described aversive behavioral interventions as including seclusion and restraint4 ,there is bipartisan agreement that schools must reduce seclusion and restraint to improve school conditions for all children4 #c4 ,purposes ,the purposes of this ,act are to-- 7#a7 prohibit seclusion in schools2 7#b7 prevent seclusion1 and prevent and reduce the use of physical restraint in schools2 7#c7 ensure the safety of all students and school personnel in schools and promote a positive school culture and climate2 7#d7 protect students from-- 7,a7 physical and mental abuse2 7,b7 aversive behavioral interventions that compromise health and safety2 7,c7 any seclusion2 7,d7 any physical restraint imposed solely for purposes of discipline or convenience2 7,e7 physical restraint and physical escort that is known to be life-threatening1 including physical restraint that restricts breathing2 and 7,f7 physical restraint if contraindicated based on the student's disability1 heath care needs1 or medical or psychiatric condition2 7#e7 ensure that physical restraint is imposed in school only when a student's behavior poses an imminent danger of serious physical injury to the student1 school personnel1 or others2 7#f7 ensure that-- 7,a7 parents are fully informed of the prohibitions and requirements of this ,act2 7,b7 parents are fully informed of the policies on restraint and seclusion of the applicable school1 local educational agency1 and the ,state2 7,c7 parents are notified when physical restraint has been utilized on their child or children2 and 7,d7 a meeting with parents occurs to discuss the incident in which physical restraint is imposed on their child pursuant to section #e7;a77#f77;,b72 and 7#g7 assist ,states1 local educational agencies1 and schools in-- 7,a7 establishing policies and procedures to keep all students1 including students with the most complex and intensive behavioral needs1 and school personnel safe2 7,b7 providing school personnel with the necessary tools1 training1 and support to ensure the safety of all students and school personnel2 7,c7 collecting and analyzing data on physical restraint in schools2 and 7,d7 identifying and implementing effective evidence-based models to prevent seclusion and reduce and prevent physical restraint in schools4 #d4 ,definitions ,in this ,act3 7#a7 ,applicable program ,the term applicable program has the meaning given the term in section #djj7;c7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba7;c774 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 terms ,the terms early childhood education program1 educational service agency1 elementary school1 local educational agency1 other staff1 paraprofessional1 parent1 school leader1 secondary school1 specialized instructional support personnel1 ,state1 and ,state educational agency have the meanings given the terms in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,mechanical restraint ,the term mechanical restraint 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's4 7#e7 ,military-connected dependents ,the term military-connected dependents means children described in subparagraphs 7,b7 and 7,d77i7 of section #gjjc7;a77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjc7;a77#a774 7#f7 ,physical escort ,the term physical escort has the meaning given the term in section #eie7;d77#b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#b771 except that the meaning shall be applied by substituting student for resident4 7#g7 ,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 torso1 or head freely1 except that such term does not include a physical escort1 mechanical restraint1 or chemical restraint4 7#h7 ,positive behavior interventions and supports ,the term positive behavior interventions and supports-- 7,a7 means a schoolwide1 systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture 7including a range of systemic and individualized positive strategies to reinforce desired behaviors and diminish reoccurrence of challenging behaviors71 in order to achieve improved academic and social outcomes and increase learning for all students 7including students with the most complex and intensive behavioral needs72 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#i7 ,protection and advocacy system ,the term protection and advocacy system means a protection and advocacy system established under section #adc of the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejdc74 7#aj7 ,school ,the term school means-- 7,a7 an elementary school or secondary school2 or 7,b7 an entity that-- 7i7 provides elementary and secondary education2 and 7ii7 receives1 or serves students who receive1 support in any form from any program supported1 in whole or in part1 with ,federal funds4 7#aa7 ,school personnel ,the term school personnel means individuals who are employed by a school1 or who perform services for a school on a contractual basis as-- 7,a7 school leaders2 7,b7 teachers2 7,c7 specialized instructional support personnel2 7,d7 paraprofessionals2 or 7,e7 other staff4 7#ab7 ,school resource officer ,the term school resource officer means a sworn law enforcement officer who is-- 7,a7 assigned by the employing police department to a local educational agency or school2 7,b7 contracting with a local educational agency or school2 or 7,c7 employed by a local educational agency4 7#ac7 ,school security guard ,the term school security guard means a contractor or an employee of a local educational agency or school responsible for addressing one or more of the following safety and crime prevention activities in and around a school3 7,a7 ,assisting school personnel in school safety incidents4 7,b7 ,educating students in crime and illegal drug use prevention and safety4 7,c7 ,developing or expanding community justice initiatives for students4 7,d7 ,training students in conflict resolution and supporting restorative justice programs4 7,e7 ,serving as a liaison between the school and outside agencies1 including other law enforcement agencies4 7,f7 ,screening students or visitors to the school for prohibited items4 7#ad7 ,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 leaving1 except that such term does not include a time out4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#af7 ,special education school ,the term special education school means a school that focuses primarily on serving the needs of students with disabilities under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 or section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid74 7#ag7 ,state-approved crisis intervention training program ,the term ,state-approved crisis intervention training program means a training program approved by a ,state and the ,secretary that1 at a minimum1 provides-- 7,a7 training in evidence-based techniques shown to be effective in the prevention of physical restraint2 7,b7 evidence-based skills training related to positive behavior supports1 safe physical escort1 conflict prevention1 understanding antecedents1 de-escalation1 and conflict management2 7,c7 training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint2 7,d7 training in first aid and cardiopulmonary resuscitation2 7,e7 information describing ,state policies and procedures that meet the minimum standards established by regulations promulgated pursuant to section #e7;a72 and 7,f7 certification for school personnel1 school resources officers1 and school security guards in the techniques and skills described in subparagraphs 7,a7 through 7,d71 which shall be required to be renewed on a periodic basis4 7#ah7 ,student ,the term student means a student enrolled in a school1 except that in the case of a student enrolled in a private school or private program1 such term means a student who receives support in any form from any program or activity supported1 in whole or in part1 with ,federal funds4 7#ai7 ,time out ,the term time out has the meaning given the term in section #eie7;d77#e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;jj7d77#e771 except that the meaning shall be applied by substituting student for resident4 #e4 ,minimum standards2 rules of construction 7a7 ,minimum standards 7#a7 ,regulations 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 to protect each student from physical or mental abuse1 aversive behavioral interventions that compromise student health and safety1 seclusion1 or physical restraint imposed solely for purposes of discipline or convenience or in a manner otherwise inconsistent with this ,act1 the ,secretary shall promulgate regulations establishing minimum standards consistent with this subsection4 7,b7 ,head start 7i7 ,in general ,the ,secretary of ,health and ,human ,services1 in coordination with the ,secretary1 shall promulgate regulations under this subsection with respect to ,head ,start agencies 7including ,early ,head ,start agencies7 under the ,head ,start ,act 7#bd ,u4,s4,c4 #ihja et seq474 7ii7 ,funds ,from the amount appropriated under section #aa1 the ,secretary may allocate funds to the ,secretary of ,health and ,human ,services to assist the ,head ,start agencies 7including ,early ,head ,start agencies7 in establishing1 implementing1 and enforcing policies and procedures to meet the requirements established by regulations promulgated by the ,secretary of ,health and ,human ,services under clause 7i74 7#b7 ,prohibited actions ,each school personnel1 school security guard1 and school resource officer shall be prohibited from imposing on any student the following3 7,a7 ,seclusion4 7,b7 ,mechanical restraints4 7,c7 ,chemical restraints4 7,d7 ,physical restraint or physical escort that is life threatening or that restricts breathing4 7,e7 ,physical restraint if contraindicated based on the student's disability1 health care needs1 or medical or psychiatric condition1 as documented in-- 7i7 a health care directive or medical management plan2 7ii7 a behavior intervention plan2 7iii7 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 #adja772 7iv7 a plan developed pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 or title ,,ii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq472 or 7v7 other relevant record made available to the ,state or local educational agency involved4 7,f7 ,physical restraint that is not in compliance with paragraph 7#c74 7,g7 ,any other form of aversive behavioral interventions4 7#c7 ,physical restraint ,the use of physical restraint by any school personnel1 school security guard1 or school resource officer shall be considered in compliance with the minimum standards promulgated under this subsection only if each of the following requirements are met3 7,a7 ,the student's behavior poses an imminent danger of serious physical injury to the student1 school personnel1 school security guard1 school resource officer1 or others4 7,b7 ,less restrictive interventions would be ineffective in stopping such imminent danger of serious physical injury4 7,c7 ,such physical restraint is imposed by school personnel1 or a school security guard or school resource officer1 who-- 7i7 continuously monitors the student face-to-face2 or 7ii7 if school personnel safety1 or the safety of a school security guard or school resource officer1 is significantly compromised by such face-to-face monitoring1 such personnel1 guard1 or officer1 is in continuous direct visual contact with the student by looking directly at the student from a distance rather than electronically monitoring the student using a security camera or other system4 7,d7 ,such physical restraint is imposed by-- 7i7 school personnel1 or a school resource officer or school security guard1 trained and certified by a ,state-approved crisis intervention training program2 or 7ii7 school personnel1 or a school security guard or school resource officer1 not trained and certified as described in clause 7i71 in the case of a rare and clearly unavoidable emergency circumstance when school personnel1 or a school resource officer or school security guard1 trained and certified as described in clause 7i7 is not immediately available due to the unforeseeable nature of the emergency circumstance4 7,e7 ,such physical restraint ends immediately upon the cessation of the conditions described in subparagraph 7,a74 7,f7 ,the physical restraint does not interfere with the student's ability to communicate in the student's primary language or primary mode of communication4 7,g7 ,the physical restraint uses the least amount of force necessary to protect the student or others from the threatened injury4 7#d7 ,training ,each ,state1 in consultation with local educational agency officials1 shall ensure that a sufficient number of school personnel are trained and certified by a ,state-approved crisis intervention training program to meet the needs of the specific student population in each school4 7#e7 ,prohibition on planned intervention ,the use of physical restraint as a planned intervention shall not be written into a student's education plan1 individual safety plan1 behavioral plan1 or individualized education program 7as defined in section #fjb of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adja771 except that local educational agencies or schools may establish policies and procedures for use of physical restraint in school safety or crisis plans1 provided that such a plan is not specific to any individual student4 7#f7 ,procedures following physical restraint ,each school shall establish procedures to be followed after an incident involving the imposition of physical restraint upon a student1 which shall include each of the following3 7,a7 ,procedures to provide to the parent of the student1 with respect to such incident-- 7i7 an immediate verbal or electronic communication1 as soon as is practicable and not later than the same day as the incident2 and 7ii7 written notification1 as soon as is practicable1 and not later than #bd hours after the incident that shall include1 at minimum-- 7,i7 a description of the incident1 including precipitating events2 7,,ii7 positive interventions used prior to restraint2 7,,iii7 the length of time of restraint2 and 7,,iv7 a description of the serious physical injury of the student or others to necessitate the use of restraint4 7,b7 ,a meeting between parents of the student and the school1 as soon as is practicable1 and not later than #e school days following the incident 7unless such meeting is delayed by written mutual agreement of the parent and school7-- 7i7 which shall include1 at a minimum-- 7,i7 the parent of such student2 7,,ii7 the student involved 7if appropriate72 7,,iii7 the school personnel1 school resource officer1 or school security guard who imposed the restraint2 7,,iv7 a teacher of such student2 7,v7 a school leader of such student2 and 7,,vi7 an expert on behavior interventions1 who may be a special education teacher2 7ii7 the purpose of which shall be to discuss the incident1 as described by both the student and the school personnel1 or the school resource officer or school security guard involved1 including-- 7,i7 any precipitating events2 7,,ii7 how the incident occurred2 and 7,,iii7 prior positive behavior interventions and supports used to de-escalate the situation2 and 7iii7 which shall include-- 7,i7 the discussion of proactive strategies to prevent future need for the use of restraint2 7,,ii7 7aa7 for a student identified as eligible to receive accommodations under section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid7 or title ,,ii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq471 or accommodations or special education or related services under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq471 a discussion of the need for a functional behavioral assessment and a behavior intervention plan2 or 7bb7 for a student not identified as eligible to receive accommodations under the provisions of law described in item 7aa71 evidence of a referral for such accommodations or special education or related services1 or documentation of the basis for declining to such a referral for the student2 7,,iii7 provision to the parent1 for use during the meeting1 a written statement from each adult witness who was in the proximity of the student immediately before and during the time of the physical restraint1 but was not directly involved in such restraint2 and 7,,iv7 an assurance that in a case in which the student attends the meeting1 the information communicated by the student in that meeting will be for purposes of debriefing an incident where restraint was imposed upon the student1 and-- 7aa7 may only be shared to the extent necessary to protect the safety of the student or others2 and 7bb7 may not be used against the student in any disciplinary1 criminal1 or civil investigations or proceedings4 7,c7 ,any other procedures consistent with this ,act that the ,secretary determines appropriate4 7b7 ,schools operated or funded by ,department 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 7a74 7c7 ,schools operated or funded by the ,department of ,defense ,the ,secretary of ,defense shall ensure that schools operated or funded by the ,department of ,defense ,education ,activity or otherwise operated or funded by the ,department of ,defense for the education of military-connected dependents comply with the regulations promulgated by the ,secretary under subsection 7a74 7d7 ,rules of construction 7#a7 ,in general ,nothing in this ,act shall be construed to authorize the ,secretary to promulgate regulations prohibiting the use of-- 7,a7 time out2 and 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 a student in a moving vehicle4 7#b7 ,law enforcement ,nothing in this ,act shall be construed to prevent a sworn law enforcement officer from carrying out the duties of the officer under otherwise applicable law4 #f4 ,state plan and report requirements and enforcement 7a7 ,state plan ,not later than #b years after the ,secretary promulgates regulations pursuant to section #e7;a71 and each year thereafter1 each ,state educational agency shall submit to the ,secretary a ,state plan that provides-- 7#a7 demonstrations to the ,secretary that the ,state has in effect-- 7,a7 ,state policies and procedures that meet the minimum standards1 including the standards with respect to ,state-approved crisis intervention training programs1 established by regulations promulgated pursuant to section #e7;a72 and 7,b7 a ,state mechanism to effectively monitor and enforce the minimum standards2 7#b7 a description of the ,state policies and procedures1 including a description of the ,state-approved crisis intervention training programs in such ,state and how the ,state ensures accurate and timely reporting to the ,office for ,civil ,rights of the ,department of ,education2 7#c7 a description of the ,state plans to ensure school personnel1 students1 and parents 7including private school personnel1 students1 and parents7 are aware of the ,state policies and procedures2 7#d7 a description of the ,state activities described in the ,state plan and approved by the ,secretary as required under section #aaaa7;g7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fcaa7;g77 that reduce aversive behavioral interventions and improve school conditions2 7#e7 a description of the ,state efforts to engage stakeholders for input on the development of ,state policies and procedures to meet the minimum standards of this ,act1 which shall include consultation with-- 7,a7 parents2 7,b7 individuals with disabilities2 7,c7 advocacy organizations representing individuals with disabilities2 7,d7 teachers2 7,e7 school personnel2 7,f7 administrators2 7,g7 civil rights organizations2 and 7,h7 mental health experts2 and 7#f7 a description of oversight of schools that includes-- 7,a7 monitoring use of restraint in the schools2 7,b7 monitoring compliance with the prohibition on seclusion in schools2 7,c7 not less than every #f months1 discussions between ,state educational agency officials and school leaders to discuss the progress of reducing the use of physical restraint in schools2 7,d7 not less than annual site visits to the special education schools in the ,state2 and 7,e7 technical assistance to focus on the use of proactive1 positive interventions4 7b7 ,reporting 7#a7 ,reporting requirements ,not later than #b years after the date the ,secretary promulgates regulations pursuant to section #e7;a71 and each year thereafter1 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 that includes the information described in paragraph 7#b71 with respect to each local educational agency1 each special education school1 and each school not under the jurisdiction of a local educational agency1 located in the same ,state as such ,state educational agency4 7#b7 ,information requirements 7,a7 ,general information requirements ,the report described in paragraph 7#a7 shall include-- 7i7 with respect to physical restraint imposed upon students in the preceding full academic year-- 7,i7 the total number of such incidents2 7,,ii7 the total number of students upon whom such restraint was imposed2 7,,iii7 in the case in which such restraint was imposed more than twice on a student1 the number of times such student was so restrained2 and 7,,iv7 the total number of such incidents where the use of restraint is referred to law enforcement2 and 7ii7 other information relevant to implementation of this ,act1 as determined by the ,secretary4 7,b7 ,disaggregation 7i7 ,general disaggregation requirements ,the information described in subparagraph 7,a7 shall be disaggregated-- 7,i7 by the total number of incidents in which physical restraint was imposed upon a student-- 7aa7 that resulted in injury2 7bb7 that resulted in death2 and 7cc7 in which the school personnel imposing physical restraint were not trained and certified as described in section #e7;a77#c77;,d77i72 7,,ii7 by the demographic characteristics of all students upon whom physical restraint was imposed1 including disaggregation-- 7aa7 by each major racial and ethnic group1 economically disadvantaged students as compared to students who are not economically disadvantaged1 ,english proficiency status1 sex1 and migrant status2 7bb7 by students with an individualized education program under section #fad7;d7 of the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adad7;d772 7cc7 by students who have a plan developed pursuant to section #ejd of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid72 and 7dd7 by students who have a plan developed pursuant to title ,,ii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq472 7,,iii7 by the total number of incidents of restraint in which school personnel1 or a school resource officer or school security guard was involved1 which may include the school personnel1 school resource officer1 or school security guard imposing the physical restraint or assisting with the physical restraint2 and 7,,iv7 by the type of school1 including disaggregation by special education school1 charter school1 and private school4 7ii7 ,unduplicated count2 exception ,the disaggregation required under clause 7i7-- 7,i7 shall 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,,ii7 shall not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student4 7c7 ,enforcement 7#a7 ,in general 7,a7 ,use of remedies ,if a ,state educational agency fails to comply with subsection 7a7 or 7b71 the ,secretary shall-- 7i7 7,i7 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,,ii7 require a ,state educational agency to submit1 and implement1 within #a year of such failure to comply1 a corrective plan of action1 which shall include specific timeframes and actions1 and which may include redirection of funds received under an applicable program2 or 7,,iii7 issue a complaint to compel compliance of the ,state 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 and 7ii7 refer the ,state to the ,civil ,rights ,division of the ,department of ,justice and the ,office for ,civil ,rights of the ,department of ,education for an investigation4 7,b7 ,cessation of withholding of funds ,whenever the ,secretary determines 7whether by certification or other appropriate evidence7 that a ,state educational agency that is subject to the withholding of payments under subparagraph 7,a77i7 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 subparagraph4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to limit the ,secretary's authority under the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abba et seq474 7#c7 ,rights and remedies of students and parents 7,a7 ,in general ,nothing in this ,act shall be construed-- 7i7 to restrict or limit1 or allow the ,secretary to restrict or limit1 any other rights or remedies otherwise available to students or parents under ,federal1 ,state1 or local law2 or 7ii7 to restrict or limit ,federal1 ,state1 or local laws1 regulations1 or policies that provide for more stringent prohibitions or limitations on the use of seclusion1 restraint1 or aversive interventions than the prohibitions or limitations that are provided for in this ,act4 7,b7 ,relief under ,federal1 ,state1 and local law ,a student or parent 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 ,federal1 ,state1 or local law in the case of the use of seclusion or restraint in violation of this ,act seeking relief from the use of seclusion or restraint1 or other available remedies with respect of such student4 7,c7 ,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 this paragraph1 regardless of whether or not the student is seeking relief that is also available under the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq474 7d7 ,head start ,the ,secretary of ,health and ,human ,services1 in coordination with the ,secretary1 shall-- 7#a7 promulgate regulations with respect to how the reporting requirements described under subsection 7b7 shall be carried out with respect to ,head ,start agencies 7including ,early ,head ,start agencies7 under the ,head ,start ,act 7#db ,u4,s4,c4 #ihja et seq472 and 7#b7 carry out the enforcement activities described in subsection 7c7 with respect to such agencies4 #g4 ,grants for ,state educational agencies 7a7 ,in general ,from the amount appropriated under section #aa1 the ,secretary may award1 on a competitive basis1 grants to ,state educational agencies to assist the agencies in-- 7#a7 establishing1 implementing1 and enforcing the policies and procedures to meet the minimum standards established by regulations promulgated by the ,secretary pursuant to section #e7;a72 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 schoolwide positive behavior interventions and supports1 mental health supports1 restorative justice programs1 trauma-informed care1 and crisis and de-escalation interventions4 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 seclusion1 and 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 local educational agency receiving subgrant funds under this section shall1 after timely and meaningful consultation with appropriate private school officials1 ensure that private school personnel may participate1 on an equitable basis1 in activities supported by subgrant funds under this section4 7#b7 ,public control of funds ,the control of grant and subgrant funds under this section1 and title to materials1 equipment1 and property purchased with such funds1 shall be in a public agency for the uses and purposes provided in this ,act1 and a public agency shall administer such funds1 materials1 equipment1 and property4 7#c7 ,provision of services 7,a7 ,in general ,services described under this section shall be provided-- 7i7 by employees of a public agency2 or 7ii7 through contract by the public agency with an individual or entity4 7,b7 ,independence2 public agency ,an individual or entity described in subparagraph 7,a77ii7 that contracts with a public agency to provide services under this section shall be independent of a private school and of any religious organization4 ,individuals providing such services shall be employed by and under the control and supervision of the public agency4 7,c7 ,commingling of funds prohibited ,funds used to provide services under this section shall not be commingled with non-,federal funds4 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 ,establishing and implementing policies to prohibit seclusion1 mechanical restraint1 chemical restraint1 and other forms of prohibited restraint in schools1 consistent with the minimum standards established by regulations promulgated by the ,secretary pursuant to section #e7;a74 7#b7 ,implementing and evaluating strategies and procedures to prevent seclusion and to prevent and reduce physical restraint in schools1 consistent with such standards4 7#c7 ,providing professional development1 training1 and certification for school personnel to meet such standards4 7#d7 ,analyzing the information included in a report prepared under section #f7;b7 to identify student1 school personnel1 and school needs related to preventing seclusion1 and preventing and reducing the use of physical restraint4 7#e7 ,providing training to school resource officers1 school security guards1 and1 as appropriate1 school personnel1 on how to comply with education and civil rights laws1 including the ,individuals with ,disabilities ,education ,act 7#bj ,u4,s4,c4 #adjj et seq47 and the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 when interacting with students with disabilities1 including1 as applicable1 when conducting law enforcement activities involving a students with disabilities4 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 high-quality professional development and training programs to implement evidence-based systematic approaches to schoolwide positive behavior 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 implement evidence-based systematic approaches to schoolwide positive behavior interventions and supports1 including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom4 7#c7 ,researching1 evaluating1 and disseminating high-quality evidence-based programs and activities that implement schoolwide positive behavior interventions and supports with fidelity4 7#d7 ,supporting other local positive behavior interventions and supports implementation activities consistent with this subsection4 7#e7 ,developing1 implementing1 and providing technical assistance to support evidence-based programs that reduce the likelihood of physical restraint1 and support students in reducing behavior that can result in physical restraint1 such as mental health supports1 restorative justice programs1 trauma-informed care1 and crisis and de-escalation interventions4 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 of seclusion and the prevention and reduction of physical restraint in the schools located in the ,state1 consistent with the minimum standards established by regulations promulgated by the ,secretary pursuant to section #e7;a72 and 7#b7 submit to the ,secretary a report on such progress4 #h4 ,national assessment 7a7 ,national assessment ,the ,secretary shall carry out a national assessment to determine the effectiveness of this ,act1 which shall include-- 7#a7 analyzing data related to incidents of physical restraint in schools2 7#b7 analyzing the effectiveness of ,federal1 ,state1 and local efforts to prevent seclusion and prevent and reduce the number of physical restraint incidents in schools2 7#c7 identifying the types of programs and services that have demonstrated the greatest effectiveness in preventing seclusion and preventing and reducing the number of physical restraint incidents in schools2 and 7#d7 identifying evidence-based personnel training models with demonstrated success in preventing seclusion and preventing and reducing the number of physical restraint incidents in schools1 including models that emphasize positive behavior supports and de-escalation techniques over physical intervention4 7b7 ,report ,the ,secretary shall submit to the ,committee on ,education and the ,workforce of the ,house of ,representatives and the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate-- 7#a7 not later than #c years after the date of enactment of this ,act1 an interim report that summarizes the preliminary findings of the assessment described in subsection 7a72 and 7#b7 not later than #e years after the date of the enactment of this ,act1 a final report of the findings of the assessment4 #i4 ,protection and advocacy systems 7a7 ,notification ,in a case in which physical injury or death of a student occurs in conjunction with the use of seclusion or physical restraint or any intervention used to control behavior at a school1 the local educational agency serving such school or the agency administering a ,head ,start program under the ,head ,start ,act 7#db ,u4,s4,c4 #ihja et seq47 shall have procedures to-- 7#a7 notify1 in writing1 not later than #bd hours after such injury or death occurs-- 7,a7 the ,state educational agency2 7,b7 the local law enforcement agency2 and 7,c7 the relevant protection and advocacy system2 and 7#b7 provide any information that the protection and advocacy system may require4 7b7 ,restatement of authority ,protection and advocacy systems shall have the same authorities and rights provided 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 seq47 with respect to protections provided for students under this ,act when such students are otherwise eligible to be clients of the protection and advocacy system1 including investigating1 monitoring1 and enforcing such protections4 #aj4 ,applicability to private schools and home schools 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 or activity supported1 in whole or in part1 with ,federal funds4 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 parents who are schooling a child at home as school personnel4 #aa4 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this ,act for fiscal year #bjbj and each succeeding fiscal year4